ABSTRACT
In Cruzan v. Director, Missouri Department of Health, 497 US 261, the US Supreme Court held that Americans have a constitutionally protected right to die under the Fourteenth Amendment. The Cruzan case questioned the constitutionality of the Missouri statute that required "clear and convincing evidence" of a patient's decision to terminate life-sustaining treatment. It reasoned that this standard of proof was appropriate in light of the critically important decision to terminate a human life. The practical result was that Nancy Cruzan's parents were not permitted to remove her artificial nutrition and hydration as they had hoped in light of the factual finding that there was a lack of clear and convincing evidence of Nancy's desire to refuse life-sustaining medical treatment. Cruzan has had a profound impact on constitutional law and has led the majority of states to establish specific procedures for ensuring that an individual's wishes regarding life-sustaining treatment will be followed in the event of that person's incapacity.
