Medical Aid in Dying - Back to U.S. Supreme Court

In 1997, the U.S. Supreme Court left the legality of medical aid in dying to the "laboratory of the states." Today, fourteen states permit MAID. Other do not.

But some litigants are planning to return to the U.S. Supreme Court in the next few years. This time, the issue is not about constitutional protection. It is about constitutional prohibition. 

United Spinal and other groups have filed identical lawsuits in California, Colorado, and Delaware. They argue that MAID violates the federal ADA and the Equal Protection clause. They lost all three cases at the district court level.

But this was apparently the plan all along. One of the plaintiffs explained: "this is a litigation strategy we’ve developed to ultimately get to the Supreme Court.” Plaintiffs have already appealed the California and Delaware losses to the Third, and Ninth Circuits. They will surely appeal the Colorado loss to the Tenth Circuit. One or more losses there will give them grounds to seek certiorari.