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The asserted liberty to choose how to die must be balanced against the State's interest in preserving life. The State's interest in preserving life is compelling, and it outweighs any interest the Constitution might create in allowing persons in a persistent vegetative state to end their own lives. This analysis is not altered by the fact that the decision at issue here is death rather than suicide. While the distinction between suicide and assisted suicide may be a matter of considerable importance to moral philosophers, it is not one that the Constitution recognizes. That the decision is about death does not make the interest less compelling. The State has an interest in preserving life, and this interest is not diminished even if the person who is deprived of life is one who cannot seek to end her own life.
The Court concludes that the State does have a compelling interest in protecting a patient's right to choose how to die. Ante, at 727. But while the Court is willing to assume the existence of such an interest, it concludes that the State does not have the right to impose that interest on individual health care providers. Ante, at 729-731. I do not agree. As I have already noted, I believe that the State does have a compelling interest in protecting the right to choose how to die. The patients in these cases have been terminally ill for years and are in a condition that every day brings them closer to death.
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