Eryn R. Ace


In Krischer v. McIver, the Florida Supreme Court upheld the constitutionality of Florida's statute prohibiting assisted suicide under both the Florida privacy amendment and the U.S. Constitution. After Krischer Florida residents cannot rely on their privacy rights to protect from prosecution a person who assists them in committing suicide. While this decision promotes the policy arguments against assisted suicide, it also limits the previously broad construction of Florida's right of privacy. However, while denying constitutional protection, the court stated that the legislature could enact laws allowing assisted suicide. With this, the court effectively and purposefully left this question open for continued public debate. Generally, this Casenote analyzes the Krischer court's decision to deny a broad constitutional protection of the "right to die" by assisted suicide and some of the ramifications arising therefrom.

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