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SCOTUS Pick and Elder Law


When President Trump announced that he was nominating Neil Gorsuch to be the next justice of the Supreme Court, attention immediately turned to two subjects.

The first was Gorsuch's previous decisions as a federal appellate judge and how those decisions might point to what he would do as a justice at the nation's highest court. The second issue concerned his chances of being confirmed by the Senate, especially considering Democratic anger over the lack of a vote on President Obama's nominee for the open Supreme Court seat.

Gorsuch's opinion on elder law issues have received very little attention by comparison. However, he does have an opinion on an important and very controversial elder law issue.

This was reported by the Wills, Trusts & Estates Prof Blog in "Neil Gorsuch May Help "Death with Dignity" Legislation."

In 2006, Gorsuch published a book on physician assisted suicide. He is opposed to the idea and would outlaw it. He does, however, believe that a patient has the right to refuse life-sustaining treatment. He would just stop short of allowing a terminally ill person to choose to end his or her own life with the help of a doctor.

With more and more states adopting or considering adopting laws allowing physician assisted suicide, Gorsuch's opinion on the issue could be important, if he is confirmed as the next justice of the Supreme Court.

Reference: Wills, Trusts & Estates Prof Blog (Feb. 2, 2017) "Neil Gorsuch May Help "Death with Dignity" Legislation."

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