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A Free-Exercise Challenge to NY's Medically Assisted-Suicide Law
['Mark Movsesian', 'Charles Oliver', 'Matthew Petti', "Meagan O'Rourke", 'Elizabeth Nolan Brown']
Reason.com
New York's existing Palliative Care Information Act requires physicians and nurse practitioners to offer terminally ill patients information and counseling about end-of-life care options.
The plaintiffs argue that, taken together, the statutes will require medical providers to offer information and counseling about this option.
Under Employment Division v. Smith, a neutral and generally applicable law ordinarily does not trigger strict scrutiny.
If the Carmelites are correct and the law does not apply generally, strict scrutiny would apply.
Opponents see medically assisted suicide as inconsistent with the duty to protect life and care for patients.