Impact+Today

=Impact today=

**For the Cruzan Family:** The decision of the Missouri Supreme Court was not wise. It considered the general ramifications of the decision on matters such as suicide and abortion, rather than deciding the Cruzan case on its own merits. It neglected to consider the pain and suffering of Nancy Cruzan and her family. Moreover, the enormous cost to the State for Nancy Cruzan's care could be better spent on medical procedures for children facing death. Family and friends of severely injured people should be able to consult with medical-care providers and make a decision about the patient's continued life support.

**For the State of Missouri:** The State of Missouri has an unqualified interest in the preservation of life. Regardless of the condition of the patient, the overt action of removing feeding tubes constitutes murder under Missouri law. To permit any life-threatening action by a medical caregiver is to violate Missouri criminal law. The action of the Missouri Supreme Court, in staying the order of the district court, was wise and appropriate.

Justice Brennan dissented, with Justices Marshall and Blackmun joining. They also cited the idea of liberty in their argument, but stated that Cruzan's entitlement to liberty—in this case, the liberty to refuse medical treatment—outweighed any interests of the State. Justice Stevens' dissent also argued that the State was usurping Cruzan's rights. He wrote: “The meaning and completion of her life should be controlled by persons who have her best interests at heart—not by a state legislature concerned only with the 'preservation of human life.'” Since the //Cruzan// decision, which upheld the prerogative of States to demand “clear and convincing evidence,” there has been a great interest in “living wills.” In these documents, signed before witnesses, citizens may record a legal statement indicating their wishes should they become catastrophically injured. A living will may prohibit prolonged tube feeding and mechanical respiration, or resuscitation—restarting the heart by artificial means. In many States, a legal order called a “power of attorney” allows a friend or relative to speak on a person's behalf when a traumatic injury occurs. After the Court upheld the right of Missouri to demand “clear and convincing evidence,” a new hearing was held before a Missouri court to determine Nancy Cruzan's fate. After hearing testimony, a State judge authorized the disconnecting of the feeding tubes. Nancy Cruzan died several days later.

__Source__ "CRUZAN BY CRUZAN V. DIRECTOR, MISSOURI DEPARTMENT OF HEALTH." //Ebscohost//. Great Neck Publishing, n.d. Web. http://search.ebscohost.com/login.aspx?direct=true&db=pwh&AN=2162011&site=pov-live