Right to ‘aid in dying?’ Supreme Court sets oral argument date

The New Mexico Supreme Court will rule on whether there is a right to “aid in dying” in New Mexico or not. Oral arguments will take place on October 26, in an expedited timeline. Decisions can typically take weeks or months afterward, and ruling from the bench and following up at a later date with a […]

Right to ‘aid in dying?’ Supreme Court sets oral argument date

The New Mexico Supreme Court will rule on whether there is a right to “aid in dying” in New Mexico or not.

Photo Credit: Joe Gratz cc
Photo Credit: Joe Gratz cc

Oral arguments will take place on October 26, in an expedited timeline. Decisions can typically take weeks or months afterward, and ruling from the bench and following up at a later date with a written opinion is extremely unlikely in such a case such as this.

The Supreme Court set the date, including earlier dates for briefs and answer briefs to be sent to the court, on Monday.

At issue is whether it is legal for physicians to aid terminally ill, mentally capable patients in choosing to end their life.

A district court judge had ruled in 2014 that there was a right to aid in dying in New Mexico, saying a 1963 law was invalid.

Last month, the New Mexico Court of Appeals reversed the lower court decision and said there was no right to aid in dying in New Mexico. This put the law back into effect. The law makes it a fourth degree felony for “assisting suicide.”

Those who support a right to aid in dying filed for an appeal to the state Supreme Court a week after the appellate court decision. The American Civil Liberties Union of New Mexico and the Disability Rights Legal Center asked the state’s high court for an expedited review of the case in part because of terminally ill patients in New Mexico.

“Without a speedy, definitive resolution to this matter, terminally ill New Mexicans risk becoming trapped in a dying process they find unbearable; they deserve better,” ACLU-NM attorney Laura Schauer Ives said in a statement.

New Mexico was one of five states where such a practice is legal. Another, Hawaii, has no law either way on the issue.

We're ad free

That means that we rely on support from readers like you. Help us keep reporting on the most important New Mexico Stories by donating today.

Related

Former LFC chair John Arthur Smith dies

Former LFC chair John Arthur Smith dies

Longtime powerful state senator John Arthur Smith, a conservative Democrat who wielded a large amount of power around the state budget for years, died…
How Native families are particularly impacted by food insecurity

How Native families are particularly impacted by food insecurity

One in five children in New Mexico and one in seven people in the state experience food insecurity, according to a report presented to…
New Mexico in critical nursing shortage

New Mexico in critical nursing shortage

With 8,800 nurse positions posted for hiring in New Mexico, hospital leadership told the Legislative Health and Human Services Committee on Tuesday that access…
Seven uranium mines east of Gallup will be cleaned up

Seven uranium mines east of Gallup will be cleaned up

The U.S. Environmental Protection Agency has committed to cleaning up seven uranium mining sites east of Gallup. The agency says that the cleanup projects…
Residents of Rodeo, NM and Portal, AZ say military training flights are causing problems

Residents of Rodeo, NM and Portal, AZ say military training flights are causing problems

Opponents of a plan to conduct lower altitude military training flights in parts of western New Mexico and Arizona say that current operations are…
What to know about the seven candidates for PRC

What to know about the seven candidates for PRC

The New Mexico Public Regulation Commission nominating committee selected seven candidates to interview for spots on the influential regulatory board, including the incumbent James…
MLG speaks about education during oil, gas industry meeting

MLG speaks about education during oil, gas industry meeting

New Mexico produces the second highest amount of oil and gas in the country. The taxes from oil and gas production provide funding for…
Early childhood summit convened to discuss future of program

Early childhood summit convened to discuss future of program

About 200 people from tribal governors to legislators to advocates and teachers gathered at Bishop’s Lodge to discuss Early Childhood Education’s future in New…
Stansbury outlines funding secured for early childhood and youth services programs

Stansbury outlines funding secured for early childhood and youth services programs

U.S. Rep. Melanie Stansbury secured $8.3 million for childhood development and youth services in the 1st congressional district through federal community project funding. Stansbury,…
Heinrich introduces legislation to address affordable housing

Heinrich introduces legislation to address affordable housing

U.S. Sen. Martin Heinrich, D-New Mexico, introduced legislation in the Senate on Monday that would provide tax credits to incentivize new investments and additional…
New Mexico in critical nursing shortage

New Mexico in critical nursing shortage

With 8,800 nurse positions posted for hiring in New Mexico, hospital leadership told the Legislative Health and Human Services Committee on Tuesday that access…
As rhetoric around undocumented workers heats up, new report shows their tax contribution

As rhetoric around undocumented workers heats up, new report shows their tax contribution

A nonprofit group released data showing how much taxes migrants pay in the U.S. as rhetoric on immigration grows more prominent just months from…
Heinrich helps introduce resolution in response to death of Amber Nicole Thurman

Heinrich helps introduce resolution in response to death of Amber Nicole Thurman

U.S. Sen. Martin Heinrich helped to introduce a resolution on Tuesday in the Senate that every patient has the basic right to emergency health…
Project 2025: How a consolidation of federal power could ban abortion

Project 2025: How a consolidation of federal power could ban abortion

If Project 2025 becomes federal policy next year, it would upend abortion rights and reproductive healthcare through a reshaping of and consolidation of power…
New abortion clinic in Las Cruces expected to provide more abortion training

New abortion clinic in Las Cruces expected to provide more abortion training

One of the consequences of the U.S. Supreme Court’s Dobbs decision is the lack of abortion care training for medical residents training to become…
New Mexico in critical nursing shortage

New Mexico in critical nursing shortage

With 8,800 nurse positions posted for hiring in New Mexico, hospital leadership told the Legislative Health and Human Services Committee on Tuesday that access…
Heinrich helps introduce resolution in response to death of Amber Nicole Thurman

Heinrich helps introduce resolution in response to death of Amber Nicole Thurman

U.S. Sen. Martin Heinrich helped to introduce a resolution on Tuesday in the Senate that every patient has the basic right to emergency health…
WNMU: Grow your own rural healthcare providers pipeline 

WNMU: Grow your own rural healthcare providers pipeline 

Western New Mexico University wants to create a pipeline of programs with a rural healthcare focus to try to address the medical provider shortage…
Judge orders state agencies to ensure formerly incarcerated New Mexicans can vote in next month’s election

Judge orders state agencies to ensure formerly incarcerated New Mexicans can vote in next month’s election

By Trip Jennings, New Mexico In Depth A judge has ordered two state agencies to work together to ensure roughly 11,000 formerly incarcerated New…
New Mexico county, state election officials prepared for the election

New Mexico county, state election officials prepared for the election

Early and absentee voting for the general election began Tuesday in New Mexico, and county clerks were ready for all aspects of it including…
Poll: Vasquez holds 9 point lead in swing district race

Poll: Vasquez holds 9 point lead in swing district race

A poll finds that the Democratic incumbent has a significant lead in the race for New Mexico’s 2nd Congressional District, considered a swing district…
What to know about the seven candidates for PRC

What to know about the seven candidates for PRC

The New Mexico Public Regulation Commission nominating committee selected seven candidates to interview for spots on the influential regulatory board, including the incumbent James…
Judge orders state agencies to ensure formerly incarcerated New Mexicans can vote in next month’s election

Judge orders state agencies to ensure formerly incarcerated New Mexicans can vote in next month’s election

By Trip Jennings, New Mexico In Depth A judge has ordered two state agencies to work together to ensure roughly 11,000 formerly incarcerated New…
New Mexico county, state election officials prepared for the election

New Mexico county, state election officials prepared for the election

Early and absentee voting for the general election began Tuesday in New Mexico, and county clerks were ready for all aspects of it including…

GET INVOLVED

© 2023 New Mexico Political Report