The rational basis test applies to legislative distinctions that neither burden a fundamental right nor target a suspect class (Vacco v. Quill).
Physicians and terminally ill patients challenged a New York statute prohibiting physician-assisted suicide, arguing that the law violated the Equal Protection Clause by distinguishing between assisted suicide and the refusal of life-sustaining medical treatment. The court applies a rational basis review because the classification neither targets a suspect class nor burdens a fundamental right. The court holds that the distinction between assisting suicide and withdrawing life-sustaining treatment is logical and based on the intent of the actor and the cause of death. Because the statute bears a rational relation to legitimate state interests, such as preserving life and protecting vulnerable persons, the law is constitutional.
At page 799 Upholding legislation under rational basis review129 citing cases“embodies a general rule that states must treat like cases alike but may treat unlike cases accordingly.”
- United States v. Skrmetti, 605 U.S. 495 (2025).published Cf. Vacco, 521 U. S., at 800 (“On their faces, neither New York’s ban on assisting suicide nor its statutes permitting patients to refuse medical treatment treat anyone differently from anyone else or draw any distinctions between persons.
- in Re State of Texas, 466 S.W.3d 783 (Tex. 2015).published ([The Equal Protection Clause] embodies a general rule that States must treat like cases alike but may treat unlike cases accordingly.)
- in Re State of Texas, No. 11-0222 (Tex. App. June 19, 2015).published([The Equal Protection Clause] embodies a general rule that States must treat like cases alike but may treat unlike cases accordingly.)
- People v. Phillips, 52 V.I. 130 (2009).published “if a legislative classification or distinction neither burdens a fundamental right nor targets a suspect class the court will uphold it so long as it bears a rational relationship to some legitimate end.”
- Juarez v. Renico, 149 F. Supp. 2d 319 (E.D. Mich. 2001).published “if a legislative classification or distinction 'neither burdens a fundamental right nor targets a suspect class, we will uphold it so long as it bears a rational relation to some legitimate end.”
- Murray Enters. v. City of New York, No. 24-621 (2d Cir. July 8, 2025).unpublished“treat like cases alike but may treat unlike cases accordingly”
- John Bejarano v. William Reubart, 136 F.4th 873 (9th Cir. 2025).publishedCf. Vacco v. Quill, 521 U.S. 793, 799 (1997). reweighing and harmless error analyses when they are tied to other, valid claims that require consideration of other evidence outside the trial record.
- Castor v. Galich, No. 2:24-cv-00823 (W.D. Pa. Mar. 31, 2025).“States must treat like cases alike but may treat unlike cases accordingly”
- Commonwealth v. Philip J. Marquis, 495 Mass. 434 (Mass. 2025).published“may treat unlike cases accordingly”
- Griffith v. El Paso Cnty., Colorado, 129 F.4th 790 (10th Cir. 2025).published“treat like cases alike”
Show 113 more citing cases
- Szymakowski v. Utah High Sch. Activities Ass'n, 756 F. Supp. 3d 1238 (D. Utah 2024).published“so long as it bears a rational relation to some legitimate end”
- Wolf v. New Mexico Dep't of Corr., No. 1:23-cv-00382 (D.N.M. Aug. 30, 2024).Instead, it embodies a general rule that States must treat like cases alike but may treat unlike cases accordingly.’” Teigen v. Renfrow, 511 F.3d at 1083 (quoting Vacco v. Quill, 521 U.S. 793, 799 (1997)).
- Kayla Gore v. William Lee, 107 F.4th 548 (6th Cir. 2024).published“treat like cases alike”
- Residents & Occupants of Green Mountain Mobile Manor v. Town of Fair Haven, Vermont, No. 2:22-cv-00124 (D. Vt. May 20, 2024).“embodies a general rule that States must treat like cases alike but may treat unlike cases accordingly”
- Savage v. Dobbertin, No. 4:23-cv-00126 (N.D. Okla. Mar. 25, 2024).Instead, it embodies a general rule that States must treat cases alike but may treat unlike cases accordingly.” Vacco v. Quill, 521 U.S. 793, 799 (1997) (internal citations omitted).
- Galloway-Bey v. Gott (TV2), No. 1:23-cv-00194 (E.D. Tenn. Jan. 8, 2024).Radvansky v. City of Olmsted Falls, 395 F.3d 291, 312 (6th Cir. 2005) (citing Vacco v. Quill, 521 U.S. 793, 799 (1997)).
- Lee v. Poudre Sch. Dist. R-1, No. 1:23-cv-01117, 2023 WL 8780860 (D. Colo. Dec. 19, 2023).“embodies a general rule that States must treat like cases alike but may treat unlike cases accordingly”
- J.B. v. Harwood, No. 4:23-cv-01015 (N.D. Ohio Dec. 8, 2023).“embodies the general rule that States must treat like cases alike but may treat unlike cases accordingly”
- Italian Am. One Voice Coalition v. Twp. of West Orange, No. 2:20-cv-12650 (D.N.J. Mar. 31, 2023).unpublishedXIV § 1; Vacco v. Quill, 521 U.S. 793, 799 (1997).
- Young v. Colorado Dep't of Corr., No. 1:22-cv-00145 (D. Colo. Feb. 1, 2023).Instead, it embodies a general rule that States must treat like cases alike but may treat unlike cases accordingly.’” Teigen v. Renfrow, 511 F.3d 1072, 1083 (10th Cir. 2007) (quoting Vacco v. Quill, 521 U.S. 793, 799 (1997)).
- Folley v. Foley, No. 3:22-cv-00065 (S.D. Ohio Nov. 7, 2022).“embodies the general rule that States must treat like cases alike but may treat unlike cases accordingly”
- Tracy v. Stephens, No. 1:21-cv-00152 (D. Utah Nov. 1, 2022).Instead, it embodies a general rule that States must treat like cases alike but may treat unlike cases accordingly.” Teigen v. Renfrow, 511 F.3d 1072, 1083 (10th Cir. 2007) (citing Vacco v. Quill, 521 U.S. 793, 799 (1997)).
- Mackey v. Hilkey, No. 1:21-cv-01226 (D. Colo. Apr. 22, 2022).“deny to any person within its jurisdiction the equal protection of the laws”
- Gallegos v. State of New Mexico, No. 1:21-cv-00345 (D.N.M. Mar. 31, 2022).Instead, it embodies a general rule that States must treat like cases alike but may treat unlike cases accordingly.’” Teigen v. Renfrow, 511 F.3d 1072, 1083 (10th Cir. 2007)(quoting Vacco v. Quill, 521 U.S. 793, 799 (1997)).
- RHC Operating LLC v. City Of New York, No. 1:21-cv-09322 (S.D.N.Y. Mar. 30, 2022).Equal Protection Claim The Equal Protection Clause “embodies a general rule that States must treat like cases alike, but may treat unlike cases accordingly.” Winston v. City of Syracuse, 887 F.3d 553, 560 (2d Cir. 2018) (quoting Vacco v. Q…
- Boles 156632 v. Sims, No. 1:22-cv-00022 (W.D. Mich. Mar. 17, 2022).“The states cannot make distinctions which either burden a fundamental right, target a suspect class, or intentionally treat one differently from others similarly situated without any rational basis for the difference.” Radvansky v. City o…
- Garton v. Crouch, No. 3:21-cv-00338, 2022 WL 275519 (M.D. Tenn. Jan. 28, 2022).“embodies a general rule that States must treat like cases alike but may treat unlike cases accordingly”
- Farris v. Stepp, No. 1:20-cv-02346, 2021 WL 5200210 (D. Colo. Nov. 9, 2021).Instead, it embodies a general rule that States must treat like cases alike but may treat unlike cases accordingly.’” Teigen v. Renfrow, 511 F.3d 1072, 1083 (10th Cir. 2007) (quoting Vacco v. Quill, 521 U.S. 793, 799 (1997)).
- Heidel v. Cuomo, No. 1:20-cv-10462 (S.D.N.Y. Oct. 21, 2021).The Equal Protection Clause “embodies a general rule that States must treat like cases alike, but may treat unlike cases accordingly.” Winston v. City of Syracuse, 887 F.3d 553, 560 (2d Cir. 2018) (quoting Vacco v. Quill, 521 U.S. 793, 799…
- Doe v. Trump, No. 3:19-cv-00006, 2021 WL 4441462 (S.D. Ill. Sept. 28, 2021).Vacco v. Quill, 521 U.S. 793, 799 (1997).
- Simmermaker v. U.S.A., No. 1:20-cv-01671 (D. Colo. Mar. 10, 2021).(Id. at 5, 7, 8, 13.) The Equal Protection Clause prohibits discrimination by government which either “burdens a fundamental right, targets a suspect class, or intentionally treats one differently than others similarly situated without any…
- Our Wicked Lady LLC v. Cuomo, No. 1:21-cv-00165, 2021 WL 915033 (S.D.N.Y. Mar. 9, 2021).The Equal Protection Clause “embodies a general rule that States must treat like cases alike, but may treat unlike cases accordingly.” Winston v. City of Syracuse, 887 F.3d 553, 560 (2d Cir. 2018) (quoting Vacco v. Quill, 521 U.S. 793, 799…
- South Bay United Pentecostal Church v. Newsom, No. 20A136 (U.S. Feb. 5, 2021).“States must treat like cases alike but may treat unlike cases accordingly”
- Welch v. Davis-Dir. TDCJ-CID, No. 2:20-cv-00132 (N.D. Tex. Aug. 11, 2020).“embodies a general rule that States must treat like cases alike but may treat unlike cases accordingly”
- Jones v. Hutchinson, No. 4:17-cv-00184 (E.D. Ark. June 1, 2020).A legislative classification or distinction that “neither burdens a fundamental right nor targets a suspect class,” will be upheld “so long as it bears a rational relation to some legitimate end.” Zink, 783 F.3d at 1110 (quoting Vacco v. Q…
- Ward v. Hutchinson, No. 4:17-cv-00182 (E.D. Ark. June 1, 2020).A legislative classification or distinction that “neither burdens a fundamental right nor targets a suspect class,” will be upheld “so long as it bears a rational relation to some legitimate end.” Zink, 783 F.3d at 1110 (quoting Vacco v. Q…
- Davis v. Hutchinson, No. 4:17-cv-00187 (E.D. Ark. June 1, 2020).A legislative classification or distinction that “neither burdens a fundamental right nor targets a suspect class,” will be upheld “so long as it bears a rational relation to some legitimate end.” Zink, 783 F.3d at 1110 (quoting Vacco v. Q…
- Nooner v. Hutchinson, No. 4:17-cv-00183 (E.D. Ark. June 1, 2020).A legislative classification or distinction that “neither burdens a fundamental right nor targets a suspect class,” will be upheld “so long as it bears a rational relation to some legitimate end.” Zink, 783 F.3d at 1110 (quoting Vacco v. Q…
- Williams v. Hutchinson, No. 4:17-cv-00186 (E.D. Ark. June 1, 2020).A legislative classification or distinction that “neither burdens a fundamental right nor targets a suspect class,” will be upheld “so long as it bears a rational relation to some legitimate end.” Zink, 783 F.3d at 1110 (quoting Vacco v. Q…
- Peoples Rights Org., Inc., Plaintiffs-Appellees/cross-Appellants v. City of Columbus, Defendants-Appellants/cross-Appellees, 152 F.3d 522 (6th Cir. 1998).published
- Calloway v. Dist. of Columbia, 216 F.3d 1 (D.C. Cir. 2000).published
- Club Italia Soccer & Sports Org., Inc., a Michigan Non-Profit Corp. v. Charter Twp. of Shelby, Michigan, 470 F.3d 286 (6th Cir. 2006).published
- Ivy Bailey v. Edward Callaghan, 715 F.3d 956 (6th Cir. 2013).published
- Commonwealth v. Hicks, 563 S.E.2d 674 (Va. 2002).published
- League of United Latin Am. Citizens v. Bredesen, 500 F.3d 523 (6th Cir. 2007).published
- Harbour Vill. Apts. v. City of Mukilteo, 989 P.2d 542 (Wash. 1999).published
- Brown v. Twp. of Old Bridge, 725 A.2d 1154 (N.J. Super. Ct. App. Div. 1999).published
- Henderson v. State, 962 S.W.2d 544 (Tex. Crim. App. 1997).published
- Thomas Ex Rel. Gramling v. Mallett, 2005 WI 129, 701 N.W.2d 523.published
- WHS REALTY v. Town of Morristown, 733 A.2d 1206 (N.J. Super. Ct. App. Div. 1999).published
- Sanchez v. City of Modesto, 51 Cal. Rptr. 3d 821 (Cal. Ct. App. 2006).published
- Kasler v. Lockyer, 2 P.3d 581 (Cal. 2000).published
- KC Taxi Cab Drivers, etc. v. City of Kansas City, Missouri, 742 F.3d 807 (8th Cir. 2013).published
- David Zink v. George Lombardi, 783 F.3d 1089 (8th Cir. 2015).published
- David Shoemaker v. City of Howell, 795 F.3d 553 (6th Cir. 2015).published
- Morris v. Brandenburg, 356 P.3d 564 (N.M. Ct. App. 2015).published
- Ex Parte Santiago Morales Jr., No. 03-05-00489-CR (Tex. App.—Austin July 21, 2006).published
- Austin Loving v. State, No. 03-11-00074-CR, 2012 WL 3601127 (Tex. App.—Austin Aug. 17, 2012).unpublished
- Austin Loving v. State, No. 03-11-00075-CR (Tex. App.—Austin Aug. 17, 2012).unpublished
- Helton v. Good, 330 F.3d 242 (4th Cir. 2003).published
- Citizens for Equal Prot. v. Jon C. Bruning, Attorney Gen. Dave Heineman, Governor, in Their Off. Capacities, 455 F.3d 859 (8th Cir. 2006).published
- Exec. Air Taxi v. City of Bismarck, No. 06-3586 (8th Cir. Mar. 4, 2008).published
- Karen Strehlke v. Grosse Pointe Pub. Sch. Sys., 654 F. App'x 713 (6th Cir. 2016).unpublished
- Lands' End, Inc. v. City of Dodgeville, 2016 WI 64, 881 N.W.2d 702.published
- Schlittler, David, No. PD-1505-14 (Tex. App. Mar. 27, 2015).published
- In re T.M., 2016-Ohio-8425.published
- In re R.G., 2016-Ohio-8426.published
- Doe v. State, Legislature of the 77th Session, No. 69801 (Nev. July 25, 2017).unpublished
- Doe Vs. State, Legislature of the 77th Session, 2017 NV 93 (Nev. 2017).published
- Love v. State Dept. of Educ., No. C086030 (Cal. Ct. App. Dec. 6, 2018).published
- In re Baby Boy C., 27 A.D.3d 34 (N.Y. App. Div. 1st Dep't 2005).published
- Legato Vapors LLC v. Cook, 193 F. Supp. 3d 952 (S.D. Ind. 2016).published
- Trautmann v. Christie, 48 A.3d 1005 (N.J. 2012).published
- DeBenedetto v. CLD Consulting Engineers, Inc., 903 A.2d 969 (N.H. 2006).published
- Thomas v. Gov't of the Virgin Islands, 49 V.I. 569 (D.V.I. 2007).published
- Noe v. True, No. 21-1373, 2022 WL 5080196 (10th Cir. Oct. 5, 2022).unpublished
- McGehee v. Hutchinson, 463 F. Supp. 3d 870 (E.D. Ark. 2020).published
- Lee v. Hutchinson, No. 4:17-cv-00188 (E.D. Ark. June 1, 2020).
- Williams v. Hutchinson, No. 4:17-cv-00185 (E.D. Ark. June 1, 2020).
- Johnson v. Hutchinson, No. 4:17-cv-00181 (E.D. Ark. June 1, 2020).
- Harrington v. Covello, No. 3:19-cv-01824 (S.D. Cal. June 17, 2020).
- Jackson v. Macomber, No. 3:22-cv-00863 (S.D. Cal. July 25, 2023).
- Perry v. State of Colorado, The, No. 1:21-cv-02306 (D. Colo. Feb. 13, 2023).
- Taylor v. USA-2255, No. 8:18-cv-02358 (D. Md. Nov. 5, 2019).
- MacDonald v. City of Detroit, 434 F. Supp. 3d 587 (E.D. Mich. 2020).published
- Lewis v. Walz, 491 F. Supp. 3d 464 (D. Minn. 2020).published
- Stepien v. Murphy, No. 2:21-cv-13271 (D.N.J. Dec. 7, 2021).
- Hunnicutt, Sr. v. DeSantiago, 429 F. Supp. 3d 905 (D.N.M. 2019).published
- Croskey v. Wheeler, No. 1:18-cv-01476 (N.D. Ohio Sept. 23, 2019).
- White v. Newberry, No. 4:19-cv-00479 (N.D. Okla. Dec. 20, 2019).
- Tryko Holdings, LLC v. City of Harrisburg, 429 F. Supp. 3d 12 (M.D. Penn. 2019).published
- Govatos v. Murphy, No. 1:23-cv-12601 (D.N.J. Sept. 18, 2024).
- Walker v. Exeter Region Coop. Sch. Dist., 157 F. Supp. 2d 156 (D.N.H. 2001).published
- Tonkovich v. Kansas Bd. of Regents, 159 F.3d 504 (10th Cir. 1998).published
- Haik v. Town of Alta, No. 97-4202, 1999 WL 190717 (10th Cir. Apr. 5, 1999).unpublished
- Coalition for Equal Rights, Inc. v. Ritter, 517 F.3d 1195 (10th Cir. 2008).published
- Emil A. Tonkovich v. Kansas Bd. Of Regents, 159 F.3d 504 (10th Cir. 1998).published
- Geoffrey M. Radvansky v. City of Olmsted Falls, 395 F.3d 291 (6th Cir. 2005).published
- Flores v. State, 215 S.W.3d 520 (Tex. App.—Beaumont 2007).published
- Ex Parte Morales, 212 S.W.3d 483 (Tex. App.—Austin 2007).published
- Ralbovsky v. Kane, 407 F. Supp. 2d 1142 (C.D. Cal. 2005).published
- Women's Med. Ctr. of NW Houston v. Archer, 159 F. Supp. 2d 414 (S.D. Tex. 1999).published
- Exec. Transp. Sys. LLC v. Louisville Reg'l Airport Auth., 678 F. Supp. 2d 498 (W.D. Ky. 2010).published
- Whittaker v. Cnty. of Lawrence, 674 F. Supp. 2d 668 (W.D. Pa. 2009).published
- Brian B. v. Pennsylvania Dep't of Educ., 51 F. Supp. 2d 611 (E.D. Pa. 1999).published
- Coalition of New Jersey Sportsmen, Inc. v. Whitman, 44 F. Supp. 2d 666 (D.N.J. 1999).published
- Gerardo Flores v. State, No. 09-05-00292-CR (Tex. App.—Beaumont Jan. 24, 2007).published
- Timothy Short v. Steven Mary, 617 F. App'x 410 (6th Cir. 2015).unpublished
- In the Matter of Nash, Unpublished Decision (12-31-2003), 2003 Ohio 7221 (Ohio Ct. App. 11th Dist. 2003).unpublished
- Carney v. Oklahoma Dep't of Pub. Saf., 875 F.3d 1347 (10th Cir. 2017).published
- Tworek v. United States, 46 Fed. Cl. 82 (Fed. Cl. 2000).published
- Jensen v. Hernandez, 864 F. Supp. 2d 869 (E.D. Cal. 2012).published
- PG Publ'g Co. v. Aichele, 902 F. Supp. 2d 724 (W.D. Pa. 2012).published
- One Three Five, Inc. v. City of Pittsburgh, 951 F. Supp. 2d 788 (W.D. Pa. 2013).published
- MacDonald v. City of Detroit, No. 3:19-cv-12183 (E.D. Mich. Feb. 1, 2021).
- Barraclough v. Animal Friends, Inc., No. 2:23-cv-00654 (W.D. Pa. Nov. 6, 2023).
- Lakhumna v. Messenger, No. 4:18-cv-00081 (D. Utah May 29, 2019).
- Killough v. Burnham, No. 2:18-cv-00250 (D. Utah May 30, 2019).
- Murphy v. Duchesne Cnty. Sheriffs Dep't, No. 2:19-cv-00852 (D. Utah Feb. 2, 2021).
- Rowland v. Cache Cnty. Sheriff's Off., No. 1:19-cv-00020 (D. Utah Feb. 22, 2021).
- Thompson v. Turley, No. 4:22-cv-00067 (D. Utah June 17, 2025).
- Dennis Lawrence Smith v. State of Mississippi, No. 2020-CA-00580-COA (Miss. Ct. App. Sept. 28, 2021).published
- Amero v. Warden Ohio Reformatory for Women, No. 2:25-cv-00983 (S.D. Ohio Sept. 18, 2025).
At page 800 Analyzing equal protection in medical treatment decisions10 citing cases“laws that apply evenhandedly to all ‘unquestionably comply’ with the Equal Protection Clause”
- United States v. Skrmetti, 605 U.S. 495 (2025).published (On their faces, neither New York’s ban on assisting suicide nor its statutes permitting patients to refuse medical treatment treat anyone differently from anyone else or draw any distinctions between persons. Everyone,…)
- K.C. v. Individual Members of the Med. Licensing Bd., No. 23-2366 (7th Cir. Nov. 18, 2024).published“laws that apply evenhandedly to all ‘unquestionably comply’ with the Equal Protection Clause”
- K.C. v. Individual Members of the Med. Licensing Bd., 121 F.4th 604 (7th Cir. 2024).published “laws that apply evenhandedly to all ‘unquestionably comply’ with the Equal Protection Clause”
- Baxter v. State, 2009 MT 449, 224 P.3d 1211.published
- Donorovich-Odonnell v. Harris, 241 Cal. App. 4th 1118 (Cal. Ct. App. 2015).published
- Shauntae Anderson v. William Crouch, No. 22-1927 (4th Cir. Apr. 29, 2024).published
- Maxwell Kadel v. Dale Folwell, 100 F.4th 122 (4th Cir. 2024).published
- Shauntae Anderson v. William Crouch, 169 F.4th 474 (4th Cir. 2026).published
At page 807 Grounding right to refuse medical treatment in bodily integrity7 citing casesnoting "well-established, traditional rights to bodily integrity and freedom from unwanted touching
- Garcia, No. 3:21-cv-00101 (N.D. Ind. Feb. 3, 2026).For instance, an officer who unintentionally kills a motorist during a chase may not shock the constitutional conscience, though the harm is 1 Based on decisions that either recognized or assumed a liberty interest in bodily integrity, see…
- Wadsworth v. MSAD 40/RSU 40, 129 F.4th 38 (1st Cir. 2025).published(noting "well-established, traditional rights to bodily integrity and freedom from unwanted touching)
- Jeffrey Capen v. Saginaw Cnty., Mich., 103 F.4th 457 (6th Cir. 2024).published“on well-established, traditional rights to bodily integrity and freedom from unwanted touching”
- Sara Myers, Eric A. Seiff v. Eric Schneiderman, 30 N.Y.3d 1 (N.Y. 2017).published
- Bezio v. Dorsey, 91 A.D.3d 1051 (N.Y. App. Div. 3d Dep't 2012).published
- Zailey Hess v. Jamie Garcia, 72 F.4th 753 (7th Cir. 2023).published
117 S. Ct. at 2297 the Equal Protection Clause "embodies a general rule that States must treat like cases alike3 citing cases
- Leclerc v. Webb, 444 F.3d 428 (5th Cir. 2005).published
- Peoples Rights Org., Inc., Plaintiffs-Appellees/cross-Appellants v. City of Columbus, Defendants-Appellants/cross-Appellees, 152 F.3d 522 (6th Cir. 1998).published
- Baxter v. State, 2009 MT 449, 224 P.3d 1211.published
If a legislative classification or distinction neither burdens a fundamental right nor targets a suspect class [the court] will uphold it so long as it bears a rational relationship to some legitimate end.
- People v. Phillips, 52 V.I. 130 (2009).published (If a legislative classification or distinction neither burdens a fundamental right nor targets a suspect class [the court] will uphold it so long as it bears a rational relationship to some legitimate end.)
- Juarez v. Renico, 149 F. Supp. 2d 319 (E.D. Mich. 2001).published (If a legislative classification or distinction ‘neither burdens a fundamental right nor targets a suspect class, we will uphold [it] so long as it bears a rational relation to some legitimate end.’)
At page 802 “R.C. 2133.01(C). may be, only to ease his patient's pain”2 citing cases
- Carrie Susanne Davis, s/k/a Carrie Ann Davis v. Commonwealth of Virginia, No. 0434253 (Va. Ct. App. May 26, 2026).publishedSee Morissette v. United States, 342 U.S. 246, 250 (1952); Vacco v. Quill, 521 U.S. 793, 802 (1997) (quoting Morissette for the - 27 - proposition that “distinctions based on intent are ‘universal and persistent in mature systems of law’”).
- Black v. Ohio Bd. of Nursing, 2022-Ohio-4782, 204 N.E.3d 1154.published“R.C. 2133.01(C). may be, only to ease his patient's pain”
At page 809 leaving open “ 'the possibility that some applications of the New York [prohibition on assisted suicide] may impose an intolerable intrusion on the patient’s freedom’2 citing cases
- McDonald v. City of Chicago, 561 U.S. 742 (2010).published
- Borenstein v. Simonson, 8 Misc. 3d 481 (N.Y. Sup. Ct. 2005).published
117 S. Ct. at 2298 cited at this page1 citing case
- Kalarchik v. State, 2026 MT 76.publishedSex is binary.”), https://perma.cc/F8WH-LXAC. 43 laws that apply evenhandedly to all unquestionably comply with the Equal Protection Clause.” Vacco v. Quill, 521 U.S. 793, 800 , 117 S. Ct. 2293, 2298 (1997) (citation omitted).
117 S. Ct. at 2301 explaining that the reasoning of Cruzan, which assumed the existence of a federal constitutional right to refuse medical treatment, was grounded in “well-established, traditional rights to bodily integrity and freedom from unwanted touching1 citing case
- Happel v. Guilford Cnty. Bd. of Educ., 913 S.E.2d 174 (N.C. 2025).published(explaining that the reasoning of Cruzan, which assumed the existence of a federal constitutional right to refuse medical treatment, was grounded in “well-established, traditional rights to bodily integrity and freedom f…)
v.
QUILL et al.
[*794] Rehnquist, C. J., delivered the opinion of the Court, in which O'Connor, Scalia, Kennedy, and Thomas, JJ., joined. O'Connor, J., filed a concurring opinion, in which Ginsburg and Breyer, JJ., joined in part, ante, p. 736. Stevens, J., ante, p. 738, Souter, J., post, p. 809, Ginsburg, J., ante, p. 789, and Breyer, J., ante, p. 789, filed opinions concurring in the judgment.
Dennis C. Vacco, Attorney General of New York, pro se, argued the cause for petitioners. With him on the briefs were Barbara Gott Billet, Solicitor General, and Daniel Smirlock and Michael S. Popkin, Assistant Attorneys General.
Acting Solicitor General Dellinger argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Assistant Attorney General Hunger, Deputy Solicitor General Waxman, Deputy Assistant[*795] Attorney General Preston, Barbara C. Biddle, and Ann Hubbard.
Laurence H. Tribe argued the cause for respondents. With him on the brief were Peter J. Rubin, Kathryn L. Tucker, David J. Burman, Kari Anne Smith, and Carla A. Kerr.[*]
[*796] Chief Justice Rehnquist delivered the opinion of the Court.
In New York, as in most States, it is a crime to aid another to commit or attempt suicide,[1] but patients may refuse even[*797] life saving medical treatment.[2] The question presented by this case is whether New York's prohibition on assisting suicide therefore violates the Equal Protection Clause of the Fourteenth Amendment. We hold that it does not.
Petitioners are various New York public officials. Respondents Timothy E. Quill, Samuel C. Klagsbrun, and Howard A. Grossman are physicians who practice in New York. They assert that although it would be "consistent with the standards of [their] medical practice[s]" to prescribe lethal medication for "mentally competent, terminally ill patients" who are suffering great pain and desire a doctor's help in taking their own lives, they are deterred from doing so by New York's ban on assisting suicide. App. 25-26.[3] Respondents, and three gravely ill patients who have since died,[4] sued the State's Attorney General in the United States[*798] District Court. They urged that because New York permits a competent person to refuse life-sustaining medical treatment, and because the refusal of such treatment is "essentially the same thing" as physician-assisted suicide, New York's assisted-suicide ban violates the Equal Protection Clause. Quill v. Koppell, 870 F. Supp. 78, 84-85 (SDNY 1994).
The District Court disagreed: "[I]t is hardly unreasonable or irrational for the State to recognize a difference between allowing nature to take its course, even in the most severe situations, and intentionally using an artificial deathproducing device." Id., at 84. The court noted New York's "obvious legitimate interests in preserving life, and in protecting vulnerable persons," and concluded that "[u]nder the United States Constitution and the federal system it establishes, the resolution of this issue is left to the normal democratic processes within the State." Id., at 84-85.
The Court of Appeals for the Second Circuit reversed. 80 F. 3d 716 (1996). The court determined that, despite the assisted-suicide ban's apparent general applicability, "New York law does not treat equally all competent persons who are in the final stages of fatal illness and wish to hasten their deaths," because "those in the final stages of terminal illness who are on life-support systems are allowed to hasten their deaths by directing the removal of such systems; but those who are similarly situated, except for the previous attachment of life-sustaining equipment, are not allowed to hasten death by self-administering prescribed drugs." Id., at 727, 729. In the court's view, "[t]he ending of life by [the withdrawal of life-support systems] is nothing more nor less than assisted suicide. " Id., at 729 (emphasis added). The Court of Appeals then examined whether this supposed unequal treatment was rationally related to any legitimate state[*799] interests,[5] and concluded that "to the extent that [New York's statutes] prohibit a physician from prescribing medications to be self-administered by a mentally competent, terminally-ill person in the final stages of his terminal illness, they are not rationally related to any legitimate state interest." Id., at 731. We granted certiorari, 518 U. S. 1055 (1996), and now reverse.
The Equal Protection Clause commands that no State shall "deny to any person within its jurisdiction the equal protection of the laws." This provision creates no substantive rights. San Antonio Independent School Dist. v. Rodriguez, 411 U. S. 1, 33 (1973); id., at 59 (Stewart, J., concurring). Instead, it embodies a general rule that States must treat like cases alike but may treat unlike cases accordingly. Plyler v. Doe, 457 U. S. 202, 216 (1982) ("`[T]he Constitution does not require things which are different in fact or opinion to be treated in law as though they were the same' ") (quoting Tigner v. Texas, 310 U. S. 141, 147 (1940)). If a legislative classification or distinction "neither burdens a fundamental right nor targets a suspect class, we will uphold [it] so long as it bears a rational relation to some legitimate end." Romer v. Evans, 517 U. S. 620, 631 (1996).
New York's statutes outlawing assisting suicide affect and address matters of profound significance to all New Yorkers alike. They neither infringe fundamental rights nor involve suspect classifications. Washington v. Glucksberg, ante, at 719-728; see 80 F. 3d, at 726; San Antonio School Dist., 411 U. S., at 28 ("The system of alleged discrimination and the class it defines have none of the traditional indicia of suspectness"); id., at 33-35 (courts must look to the Constitution, not the "importance" of the asserted right, when deciding whether an asserted right is "fundamental"). These laws[*800] are therefore entitled to a "strong presumption of validity." Heller v. Doe, 509 U. S. 312, 319 (1993).
On their faces, neither New York's ban on assisting suicide nor its statutes permitting patients to refuse medical treatment treat anyone differently from anyone else or draw any distinctions between persons. Everyone, regardless of physical condition, is entitled, if competent, to refuse unwanted life saving medical treatment; no one is permitted to assist a suicide. Generally speaking, laws that apply evenhandedly to all "unquestionably comply" with the Equal Protection Clause. New York City Transit Authority v. Beazer, 440 U. S. 568, 587 (1979); see Personnel Administrator of Mass. v. Feeney, 442 U. S. 256, 271-273 (1979) ("[M]any [laws] affect certain groups unevenly, even though the law itself treats them no differently from all other members of the class described by the law").
The Court of Appeals, however, concluded that some terminally ill people—those who are on life-support systems— are treated differently from those who are not, in that the former may "hasten death" by ending treatment, but the latter may not "hasten death" through physician-assisted suicide. 80 F. 3d, at 729. This conclusion depends on the submission that ending or refusing life saving medical treatment "is nothing more nor less than assisted suicide." Ibid. Unlike the Court of Appeals, we think the distinction between assisting suicide and withdrawing life-sustaining treatment, a distinction widely recognized and endorsed in the medical profession[6] and in our legal traditions, is both important and[*801] logical; it is certainly rational. See Feeney, supra, at 272 ("When the basic classification is rationally based, uneven effects upon particular groups within a class are ordinarily of no constitutional concern").
The distinction comports with fundamental legal principles of causation and intent. First, when a patient refuses lifesustaining medical treatment, he dies from an underlying fatal disease or pathology; but if a patient ingests lethal medication prescribed by a physician, he is killed by that medication. See, e. g., People v. Kevorkian, 447 Mich. 436, 470-472, 527 N. W. 2d 714, 728 (1994), cert. denied, 514 U. S. 1083 (1995); Matter of Conroy, 98 N. J. 321, 355, 486 A. 2d 1209, 1226 (1985) (when feeding tube is removed, death "result[s]. . . from [the patient's] underlying medical condition"); In re Colyer, 99 Wash. 2d 114, 123, 660 P. 2d 738, 743 (1983) ("[D]eath which occurs after the removal of life sustaining systems is from natural causes"); American Medical Association, Council on Ethical and Judicial Affairs, PhysicianAssisted Suicide, 10 Issues in Law & Medicine 91, 93 (1994) ("When a life-sustaining treatment is declined, the patient dies primarily because of an underlying disease").
Furthermore, a physician who withdraws, or honors a patient's refusal to begin, life-sustaining medical treatment purposefully intends, or may so intend, only to respect his patient's wishes and "to cease doing useless and futile or degrading things to the patient when [the patient] no longer stands to benefit from them." Assisted Suicide in the[*802] United States, Hearing before the Subcommittee on the Constitution of the House Committee on the Judiciary, 104th Cong., 2d Sess., 368 (1996) (testimony of Dr. Leon R. Kass). The same is true when a doctor provides aggressive palliative care; in some cases, pain killing drugs may hasten a patient's death, but the physician's purpose and intent is, or may be, only to ease his patient's pain. A doctor who assists a suicide, however, "must, necessarily and indubitably, intend primarily that the patient be made dead." Id., at 367. Similarly, a patient who commits suicide with a doctor's aid necessarily has the specific intent to end his or her own life, while a patient who refuses or discontinues treatment might not. See, e. g., Matter of Conroy, supra, at 351, 486 A. 2d, at 1224 (patients who refuse life-sustaining treatment "may not harbor a specific intent to die" and may instead "fervently wish to live, but to do so free of unwanted medical technology, surgery, or drugs"); Superintendent of Belchertown State School v. Saikewicz, 373 Mass. 728, 743, n. 11, 370 N. E. 2d 417, 426, n. 11 (1977) ("[I]n refusing treatment the patient may not have the specific intent to die").
The law has long used actors' intent or purpose to distinguish between two acts that may have the same result. See, e. g., United States v. Bailey, 444 U. S. 394, 403-406 (1980) ("[T]he . . . common law of homicide often distinguishes . . . between a person who knows that another person will be killed as the result of his conduct and a person who acts with the specific purpose of taking another's life"); Morissette v. United States, 342 U. S. 246, 250 (1952) (distinctions based on intent are "universal and persistent in mature systems of law"); M. Hale, 1 Pleas of the Crown 412 (1847) ("If A. with an intent to prevent a gangrene beginning in his hand doth without any advice cut off his hand, by which he dies, he is not thereby felo de se for tho it was a voluntary act, yet it was not with an intent to kill himself"). Put differently, the law distinguishes actions taken "because of" a given end[*803] from actions taken "in spite of" their unintended but foreseen consequences. Feeney, 442 U. S., at 279; Compassion in Dying v. Washington, 79 F. 3d 790, 858 (CA9 1996) (Kleinfeld, J., dissenting) ("When General Eisenhower ordered American soldiers onto the beaches of Normandy, he knew that he was sending many American soldiers to certain death. . . . His purpose, though, was to . . . liberate Europe from the Nazis").
Given these general principles, it is not surprising that many courts, including New York courts, have carefully distinguished refusing life-sustaining treatment from suicide. See, e. g., Fosmire v. Nicoleau, 75 N. Y. 2d 218, 227, and n. 2, 551 N. E. 2d 77, 82, and n. 2 (1990) ("[M]erely declining medical care . . . is not considered a suicidal act").[7] In fact, the first state-court decision explicitly to authorize withdrawing life saving treatment noted the "real distinction between the self-infliction of deadly harm and a self-determination against artificial life support." In re Quinlan, 70 N. J. 10, 43, 52, and n. 9, 355 A. 2d 647, 665, 670, and n. 9, cert. denied sub nom. Garger v. New Jersey, 429 U. S. 922 (1976). And recently, the Michigan Supreme Court also rejected the argument that the distinction "between acts that artificially sustain life and acts that artificially curtail life" is merely a "distinction without constitutional significance—a meaningless[*804] exercise in semantic gymnastics," insisting that "the Cruzan majority disagreed and so do we." Kevorkian, 447 Mich., at 471, 527 N. W. 2d, at 728.[8]
Similarly, the overwhelming majority of state legislatures have drawn a clear line between assisting suicide and withdrawing[*805] or permitting the refusal of unwanted life saving medical treatment by prohibiting the former and permitting the latter. Glucksberg, ante, at 710-711, 716-719. And "nearly all states expressly disapprove of suicide and assisted suicide either in statutes dealing with durable powers of attorney in health-care situations, or in `living will' statutes." Kevorkian, supra, at 478-479, and nn. 53-54, 527 N. W. 2d, at 731-732, and nn. 53-54.[9] Thus, even as the[*806] States move to protect and promote patients' dignity at the end of life, they remain opposed to physician-assisted suicide.
New York is a case in point. The State enacted its current assisted-suicide statutes in 1965.[10] Since then, New York has acted several times to protect patients' commonlaw right to refuse treatment. Act of Aug. 7, 1987, ch. 818, § 1, 1987 N. Y. Laws 3140 ("Do Not Resuscitate Orders") (codified as amended at N. Y. Pub. Health Law §§ 2960-2979 (McKinney 1993 and Supp. 1997)); Act of July 22, 1990, ch. 752, § 2, 1990 N. Y. Laws 3547 ("Health Care Agents and Proxies") (codified as amended at N. Y. Pub. Health Law §§ 2980-2994 (McKinney 1993 and Supp. 1997)). In so doing, however, the State has neither endorsed a general right to "hasten death" nor approved physician-assisted suicide. Quite the opposite: The State has reaffirmed the line between "killing" and "letting die." See N. Y. Pub. Health Law § 2989(3) (McKinney 1993) ("This article is not intended to permit or promote suicide, assisted suicide, or euthanasia"); New York State Task Force on Life and the Law, LifeSustaining Treatment: Making Decisions and Appointing a Health Care Agent 36-42 (July 1987); Do Not Resuscitate Orders: The Proposed Legislation and Report of the New York State Task Force on Life and the Law 15 (Apr. 1986). More recently, the New York State Task Force on Life and[*807] the Law studied assisted suicide and euthanasia and, in 1994, unanimously recommended against legalization. When Death is Sought: Assisted Suicide and Euthanasia in the Medical Context vii (1994). In the Task Force's view, "allowing decisions to forgo life-sustaining treatment and allowing assisted suicide or euthanasia have radically different consequences and meanings for public policy." Id., at 146.
This Court has also recognized, at least implicitly, the distinction between letting a patient die and making that patient die. In Cruzan v. Director, Mo. Dept. of Health, 497 U. S. 261, 278 (1990), we concluded that "[t]he principle that a competent person has a constitutionally protected liberty interest in refusing unwanted medical treatment may be inferred from our prior decisions," and we assumed the existence of such a right for purposes of that case, id., at 279. But our assumption of a right to refuse treatment was grounded not, as the Court of Appeals supposed, on the proposition that patients have a general and abstract "right to hasten death," 80 F. 3d, at 727-728, but on well-established, traditional rights to bodily integrity and freedom from unwanted touching, Cruzan, 497 U. S., at 278-279; id., at 287— 288 (O'Connor, J., concurring). In fact, we observed that "the majority of States in this country have laws imposing criminal penalties on one who assists another to commit suicide." Id., at 280. Cruzan therefore provides no support for the notion that refusing life-sustaining medical treatment is "nothing more nor less than suicide."
For all these reasons, we disagree with respondents' claim that the distinction between refusing lifesaving medical treatment and assisted suicide is "arbitrary" and "irrational." Brief for Respondents 44.[11] Granted, in some cases,[*808] the line between the two may not be clear, but certainty is not required, even were it possible.[12] Logic and contemporary practice support New York's judgment that the two acts are different, and New York may therefore, consistent with the Constitution, treat them differently. By permitting everyone to refuse unwanted medical treatment while prohibiting anyone from assisting a suicide, New York law follows a longstanding and rational distinction.
New York's reasons for recognizing and acting on this distinction—including prohibiting intentional killing and preserving life; preventing suicide; maintaining physicians' role as their patients' healers; protecting vulnerable people from[*809] indifference, prejudice, and psychological and financial pressure to end their lives; and avoiding a possible slide towards euthanasia—are discussed in greater detail in our opinion in Glucksberg, ante. These valid and important public interests easily satisfy the constitutional requirement that a legislative classification bear a rational relation to some legitimate end.[13]
The judgment of the Court of Appeals is reversed.
It is so ordered.
[For concurring opinion of Justice O'Connor, see ante, p. 736; for opinions concurring in the judgments of Justice Stevens, see ante, p. 738, Justice Ginsburg, see ante, p. 789, and Justice Breyer, see ante, p. 789.]
Justice Souter, concurring in the judgment.
Even though I do not conclude that assisted suicide is a fundamental right entitled to recognition at this time, I accord the claims raised by the patients and physicians in this case and Washington v. Glucksberg a high degree of importance, requiring a commensurate justification. See Washington v. Glucksberg, ante, at 782 (Souter, J., concurring in judgment). The reasons that lead me to conclude in Glucksberg that the prohibition on assisted suicide is not arbitrary under the due process standard also support the distinction between assistance to suicide, which is banned, and[*810] practices such as termination of artificial life support and death-hastening pain medication, which are permitted. I accordingly concur in the judgment of the Court.
[*] Briefs of amici curiae urging reversal were filed for the State of California et al. by Daniel E. Lungren, Attorney General of California, Robert L. Mukai, Chief Assistant Attorney General, Alvin J. Korobkin, Senior Assistant Attorney General, and Thomas S. Lazar, Deputy Attorney General, and by the Attorneys General for their respective jurisdictions as follows: Jeff Sessions of Alabama, Gale A. Norton of Colorado, Robert A. Butterworth of Florida, Michael J. Bowers of Georgia, James E. Ryan of Illinois, Thomas J. Miller of Iowa, Richard P. Ieyoub of Louisiana, J. Joseph Curran, Jr., of Maryland, Frank J. Kelley of Michigan, Mike Moore of Mississippi, Joseph P. Mazurek of Montana, Don Stenberg of Nebraska, Jeffrey R. Howard of New Hampshire, Drew Edmondson of Oklahoma, Pedro R. Pierluisi of Puerto Rico, Charles Molony Condon of South Carolina, Mark W. Barnett of South Dakota, Charles W. Burson of Tennessee, James S. Gilmore III of Virginia, and Christine O. Gregoire of Washington; for Wayne County, Michigan, by John D. O'Hair and Timothy A. Baughman; for Agudath Israel of America by David Zwiebel and Morton M. Avigdor; for the American Association of Homes and Services for the Aging et al. by Joel G. Chefitz and Robert K. Niewijk; for the American Center for Law and Justice by Jay Alan Sekulow, James M. Henderson, Sr., Walter M. Weber, Keith A. Fournier, John G. Stepanovich, and Thomas P. Monaghan; for the American Geriatrics Society by John H. Pickering and Joseph E. Schmitz; for the American Hospital Association by Michael K. Kellogg and Margaret J. Hardy; for the American Medical Association et al. by Carter G. Phillips, Mark E. Haddad, Paul E. Kalb, Katherine L. Adams, Newton N. Minow, Jack R. Bierig, Kirk B. Johnson, and Michael L. Ile; for the Catholic Health Association of the United States by James A. Serritella, James C. Geoly, Kevin R. Gustafson, Thomas C. Shields, Peter M. Leibold, and Charles S. Gilham; for the Catholic Medical Association by Joseph J. Frank, Sergio Alvarez-Mena III, and Peter Buscemi; for the Christian Legal Society et al. by Edward J. Larson, Kimberlee Wood Colby, and Steven T. McFarland; for the Clarendon Foundation by Ronald D. Maines; for the Evangelical Lutheran Church in America by Edward McGlynn Gaffney, Jr., Susan D. Reece Martyn, Henry J. Bourguignon, and Phillip H. Harris; for the Family Research Council by Cathleen A. Cleaver, Mark A. Rothe, and Edward R. Grant; for the Institute for Public Affairs of the Union of Orthodox Jewish Congregations of America et al. by Richard B. Stone; for the Medical Society of New Jersey by Paul W. Armstrong and R. Bruce Crelin; for the National Association of Prolife Nurses et al. by Jacqulyn Kay Hall; for the National Catholic Office for Persons with Disabilities et al. by James Bopp, Jr., Thomas J. Marzen, Daniel Avila, and Jane E. T. Brockmann; for the National Hospice Organization by E. Barrett Prettyman, Jr.; for the National Legal Center for the Medically Dependent & Disabled, Inc., et al. by James Bopp, Jr., Thomas J. Marzen, Daniel Avila, and Jane E. T. Brockmann; for the Project on Death in America et al. by Robert A. Burt; for the United States Catholic Conference et al. by Mark E. Chopko; for Senator Orrin Hatch et al. by Michael W. McConnell; for Members of the New York and Washington State Legislatures by Paul Benjamin Linton and Clarke D. Forsythe; for Bioethics Professors by George J. Annas; for Jerome J. De Cosse et al. by Michael P. Tierney; for Gary Lee, M. D., et al. by James Bopp, Jr., Bary A. Bostrom, and Richard E. Coleson; and for Richard Thompson by Mr. Thompson, pro se, and Richard H. Browne.
Briefs of amici curiae urging affirmance were filed for the American Civil Liberties Union et al. by Cameron Clark, Karen E. Boxx, and Steven R. Shapiro; for Americans for Death with Dignity et al. by John R. Reese and Page R. Barnes; for the American Medical Student Association et al. by John H. Hall; for the Coalition of Hospice Professionals by Gerald A. Rosenberg and Frances Kulka Browne; for Gay Men's Health Crisis et al. by Andrew I. Batavia; for the National Women's Health Network et al. by Sylvia A. Law; for 36 Religious Organizations, Leaders, and Scholars by Barbara McDowell and Gregory A. Castanias; for the Washington State Psychological Association et al. by Edward C. DuMont; for Bioethicists by Martin R. Gold and Robert P. Mulvey; for Law Professors by Charles H. Baron, David A. Hoffman, and Joshua M. Davis; for State Legislators by Sherry F. Colb; and for Julian M. Whitaker, M. D., by Jonathan W. Emord.
Briefs of amici curiae were filed for the American College of Legal Medicine by Miles J. Zaremski, Bruce C. Nelson, and Ila S. Rothschild; for the American Life League, Inc., by Charles E. Rice; for Choice in Dying, Inc., by Henry Putzel III; for the International Anti-Euthanasia Task Force by Wesley J. Smith; for Not Dead Yet et al. by Stephen F. Gold; for Surviving Family Members in Support of Physician-Assisted Dying by Katrin E. Frank, Robert A. Free, and Kathleen Wareham; and for Ronald Dworkin et al. by Mr. Dworkin, pro se, Peter L. Zimroth, Philip H. Curtis, Kent A. Yalowitz, Anand Agneshwar, and Abe Krash.