NM Supreme Court to review assisted suicide case

The New Mexico Supreme Court has granted certiorari in Morris v. Brandenburg, the case in which the plaintiffs are claiming that a right to assistance in committing suicide exists under the New Mexico Constitution. Last month, the Court of Appeals held, in a 2-1 decision, that the state constitution creates no such right.

The Supreme Court has established an unusually accelerated briefing schedule. Supplemental briefs from the parties are due on Wednesday, September 23, and the parties may respond to each other’s briefs by Monday, October 19. Oral argument will be heard on Monday, October 26.

The order does not address amicus briefs, but the Supreme Court is usually very liberal in allowing amicus briefs to be filed, and would likely appreciate hearing from amici in this important case. (Disclosure: I represented some of our state legislators in filing an amicus curiae brief in the Court of Appeals).

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