PhoebePellitteri The case started in Certiorari and then moved to the Supreme Court of Missouri. The Cruzans filed for and received a court order for the feeding tube to be removed.
PhoebePellitteri The trial court ruled that constitutionally, there is a "fundamental natural right ... to refuse or direct the withholding or withdrawal of artificial death prolonging procedures when the
PhoebePellitteri no more cognitive brain function ... and there is no hope of further recovery." The court ruled later that Nancy had effectively 'directed' the withdrawal of life support by telling a friend earlier
PhoebePellitteri that year that if she were sick or injured, "she would not wish to continue her life unless she could live at least halfway normally." This evidence was crucial.
PhoebePellitteri "Did the Due Process Clause of the Fourteenth Amendment permit Cruzan's parents to refuse life-sustaining treatment on their daughter's behalf?"
PhoebePellitteri The final decision was that refusement of treatment from competent individuals should be allowed but there needs to be clear and convincing evidence to refuse treatment for an incompetent individual.
PhoebePellitteri Due to the fact family members might not always make decisions that the incompetent person would have agreed with, and those decisions might lead to actions that would be irreversible.
PhoebePellitteri On Jun 25, 1989 there was a 5-4 decision. Having Kennedy,Scalia,O’Connor,White, and Rehnquist all vote toward the majority decision.
PhoebePellitteri They withdrew Nancy's life support on December 14, 1990. She passed shortly after.
PhoebePellitteri This case left it to the states to determine their own right-to-die standards, rather than creating a uniform national standard.
PhoebePellitteri It also showed that the right to die was not a right guaranteed by the constitution.
PhoebePellitteri It happened near Carterville, Missouri.She was thrown from the vehicle and landed face-down in a ditch.
PhoebePellitteri This is Nancy Cruzan. On January 11, 1983 she got in a terrible car accident.
PhoebePellitteri Paramedics found her with no vital signs, but they resuscitated her.After weeks in a coma, she was diagnosed as being in a persistent vegetative state (PVS).
PhoebePellitteri Surgeons used a feeding tube to keep her alive long term. Cruzan's parents thought it would be best to remove the feeding tube. The doctors would not remove it due to the fact it would kill her.