Charges that President Obama and House Democrats want to authorize "death panels" in their health care overhaul evoke a debate 19 years ago in which lawmakers first took up sensitive right-to-die issues.
The catalyst then was a controversial Supreme Court case, Cruzan v. Director, Missouri Department of Health, in which a 5-4 ruling upheld a Missouri Supreme Court ruling that it was acceptable to require "clear and convincing evidence" that a young woman in a persistent vegetative state would not want to remain on life support for years. The court held "that the evidence adduced at trial did not amount to clear and convincing proof of Cruzan's desire to have hydration and nutrition withdrawn."
Then as now, lawmakers who wanted to make sure people knew about their rights to execute "living wills" or other advance directives clarifying their wishes in such a situation tried to insert language in a sweeping bill dealing with Medicare and Medicaid policy. And opponents quickly charged that the effort would inject government into sensitive personal care decisions.
