We live in a world in which courts crucially shape public policy
through constitutional adjudication. This is a book written for
that world. It brings together a group of distinguished scholars
from many disciplines to examine the Supreme Court's recent
decision that statutes prohibiting doctors from helping their
patients commit suicide may be constitutional. It offers a guide to
that decision and to the larger issues it raises for citizens and
scholars alike. It asks everyone's first question: What does the
decision mean for today and tomorrow? It asks the lawyer's
question: Is the Supreme Court's reasoning clear and convincing? It
asks the doctor's question: How will the decision affect the
decisions physicians make with their patients? It asks the
ethicist's question: Will the decision conduce to wise and just
decisions at the end of life? It asks the historian's question: How
are we to understand the Court's work in light of our disturbing
national experience with euthanasia? Ultimately, it asks the
questions citizens need to ask in our new world: Is constitutional
adjudication a good way to make public policy? Are courts well
equipped--with experience, with doctrine, with wisdom--to make good
policy? What role should courts have in making policy in a
democracy? Has the Supreme Court made good public policy? What is
the right policy for law at the end of life?
Carl Schneider is Professor of Law, University of Michigan Law
School.
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