Neil Gorsuch for the Supreme Court: His Bioethical Perspectives By: Ashwini Nagappan
Just two weeks ago, women across the world marched for their rights to be heard, including the right to abortion. As
Neil Gorsuch fills the vacant seat in the SCOTUS, we should look into his stance on this topical issue. Although he has
not explicitly offered an opinion on abortion, in 2006, he published, The Future of Assisted Suicide and Euthanasia, where he presents the challenges that arise in end-of-life discussions and indirectly clues into his view on abortion.
As he approaches the debate from his DPhil, Gorsuch claims, “all human beings are intrinsically valuable and the
intentional taking of human life by private persons is always wrong.” Currently, the AMA allows physicians to withhold
treatment and let patients die, but does not allow any direct intervention that would kill the patient, which is a
system Gorsuch agrees with. But, there is a moral significance that differentiates both intentional acts of killing and
letting die. When death is the lesser of two evils, perhaps it is permissible to provide a treatment that would reduce
their pain, but still lead to their death. It may be more humane to quickly kill someone than put them through a slow,
painful death.
Further, Gorsuch argues that institutionalizing a right to die might make people worse off. By giving patients this
choice, they are deprived of not having a choice to make. They are now obliged to make a decision that once was not even
existent. Additionally, he fears that the legalization of assisted suicide would discriminate against those with
disabilities, pressuring them to succumb to death. He argues that pain reduction is not a strong enough reason to
legalize assisted suicide, especially under circumstances such as depression, which is a treatable condition. The worry
for potential abuse is a valid one, but this is where the law must come into play. Policymakers must regulate the
circumstances in which “death with dignity” is applicable. Death might not deprive someone; rather, it may prevent
someone from living a worse life.
His book touches upon the topic of abortion with the 1992 case, Planned Parenthood vs. Casey. His interest stems from determining which rights should be protected by substantive due process. With abortion, the
woman’s right to autonomy must be considered; however, with assisted suicide, the autonomy of those who want to dictate
their death and of those who are vulnerable to wrongful death must be considered. Additionally, Gorsuch does not believe that one has
the right “to define one’s own concept of existence.” If this were granted, activities including prostitution, polygamy,
and drug legalization would also have to be permitted.
As politicians dictate women’s bodies, the likelihood of another federal case is immense. Now, although support for
“death with dignity” laws have gained momentum and have been passed in states such as California and Colorado, we can
undoubtedly predict how Gorsuch would respond to end-of-life cases if they appeared in the Supreme Court. What the
public does not have clarity on are his responses to issues such as abortion and contraception. President Trump insisted
on appointing a “pro-life” judge, but Gorsuch has the potential of being a wild card.
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