"A competent person has a liberty interest under the Due Process Clause in refusing unwanted medical treatment."
This doesn't say that it has to be an adult, or on some wacky religious grounds, but simply puts the standard at "A competent person".... That the CT decided this case without considering the "mature minor doctrine" is a violation of this girls Due Process rights under the 5th and 14th amendments of the Constitution...At least that is how I see it, as heartbreaking as this case is.
However, unless they pursue this further, she will get the chemo, so rights or not we can all agree that is a good thing that she will live. She may have to just get the treatment and sue the state later for violating her rights.
APNewsBreak: Girl says she knows she'll die without chemo
The court ruled Cassandra's lawyers had the opportunity to prove she's mature enough to make that decision during a Juvenile Court hearing in December and failed to do so.
From everything I have read on this case ( several articles from several different sources ... I already posted links to a few of those ) it seems Cassandra has not faced reality.
Some articles she says she knows will die without chemo but in the most recent article since the Supreme Court ruling
Cassandra says wants treatment for the Hodgkins but she wants to cure it without Chemo.
She wrote that she wants to cure her Hodgkins with, vitamins, diet and exercise.
It seems she still has not faced up to the reality that without chemo she will die within a couple of years.
She wrote she’s not looking to avoid treating her Hodgkin’s lymphoma altogether.
“I always tell people I do want treatment for my cancer, I just don’t believe in the chemotherapy,” wrote Cassandra. “I want something more natural, something that’s not drugs. If the court decided to let me go, I would look into natural remedies that would stop the growth of the cancer. I would take vitamins and remedies that fight inflammation. I would eat healthy and go to the gym, and I would still monitor the cancer with regular scans.”
Link to article:Teen opens up about forced chemotherapy, death
Before a state Supreme Court makes a ruling in a case like this it reviews all of the evidence ,and testimonies from the lawyer/s and from the doctor/s( in this case several testified )the medical records including any psychological testing ). These are Supreme Court justices and usually they were judges in lower courts and federal courts before they were elected to Supreme Court.
They base their decisions on the evidence presented to them not on emotions.