Kathryn L. Tucker, JD
Compassion & Choices' advocacy team is led by Director of Legal Affairs, Kathryn L. Tucker.

Kathryn L. Tucker, a graduate of Georgetown University Law School, is Director of Legal Affairs for Compassion & Choices. Ms. Tucker served as lead counsel in two landmark cases decided by the United States Supreme Court, asserting that patients have a constitutional right to choose aid in dying. Ms. Tucker argued the issue in the United States Supreme Court. These cases are widely acknowledged to have brought much needed attention to improving care of the dying, and to have established a federal constitutional right to aggressive pain management. 

Tucker also handles state constitutional litigation of a similar nature. She defended the Oregon Death with Dignity Act from attacks from the federal legislature and the United States Department of Justice and was involved in the development and passage of the Washington Death with Dignity Act. She is a national leader in spearheading creative efforts to promote improved care of the dying. She brought the first case in the nation to assert that failure to treat pain adequately constitutes elder abuse; she is author of various state legislative measures to ensure physician education in pain management and provision of information to patients about end of life care options. Her work has been profiled in many national publications. She is Adjunct Professor of Law at the University of Washington, Seattle University, and Lewis & Clark Schools of Law, teaching law, medicine and ethics. Click here to download Kathryn Tucker's full bio (PDF).

The advocacy team works nationally to secure access to comprehensive end-of-life care and to establish the legal right to choose aid in dying. All patients have the right to adequate pain and symptom management. Patients may also refuse life-sustaining treatments and request and receive palliative sedation. Our goal is to ensure the best end-of-life care possible and that advance directive wishes are honored.

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Compassion & Choices’ Legal Cases

Blick v. Connecticut
Connecticut has seen a series of widely covered and tragic cases in which a dying patient asked a family member or friend to help the patient precipitate death. Two Connecticut physicans are asking the court to clarify if the state's "assisted suicide" law reaches the conduct of physician aid in dying. The physician plaintiffs are represented by Compassion & Choices Legal Director Kathryn Tucker, Connecticut appellate specialist Dan Krisch and noted Connecticut civil-rights attorney Jamie L. Mills. 

Status:  On June 2, 2010, Connecticut Superior Court Judge Julia Aurigemma dismissed the case. Compassion & Choices is considering all options, including appeal.

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Baxter et al v. Montana
Compassion and Choices Legal Director Kathryn Tucker and Missoula litigation attorney Mark S. Connell are co-counsel for this case. The petitioners brought suit against the state of Montana for the right to die on their own terms.

Status: On December 31, 2009, the Montana Supreme Court upheld the right to legal aid in dying for Montanans.

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Gonzales v. Oregon
The US Supreme Court ruled in favor of choice at the end of life. In a 6 to 3 decision, the court ruled the Attorney General’s attempt to intervene in affairs of the state’s aid-in-dying law exceeded his authority.

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Glucksberg v. WA & Quill v. New York
This Compassion & Choices sponsored case won recognition for dying patients seeking a Constitutional right to pain relieving medication even it results in death.

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Sampson v. Alaska 

Two terminally ill Alaskans challenged the state’s ban on “assisting a suicide” under the state constitution. This Compassion in Dying Federation sponsored case worked to give residents control over end-of-life decisions and the option of a hastened death.

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Furlong v. Catholic HealthCare West
California resident Margaret Furlong’s son sued the hospital and staff that did not honor his mother’s written end-of-life wishes. When Margaret Furlong’s heart stopped, hospital staff performed CPR and allowed her to linger for 10 days in excruciating pain.

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Tolliver v. Hospice House
Compassion & Choices Legal Director Kathryn Tucker and renowned trial attorney Dave Domina represented the daughters of Frances Tolliver, who died in unnecessary pain and anxiety in an Omaha hospice.

Status: The Nebraska Supreme Court upheld a lower court award for the family of Frances Tolliver, September 2009. The lower court  had previously affirmed that the hospice was negligent in their care of Tolliver.

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Bergman v. Eden Medical Center
This landmark case was a victory for rights of terminally-ill patients to receive appropriate pain treatment at the end of life.

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Tomlinsen v. BCC
This case led to greater awareness for the medical community about pain relief at the end of life.

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Dr. Joan Lewis, Pain Management Physician, punished for treating pain in New Mexico.
Compassion & Choices wrote an amicus brief in support of Dr. Joan Lewis. Dr. Lewis was facing the loss of her medical license for treating the pain of seriously ill patients.

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Dr. Harold Luke in California
Dr. Luke’s medical license was revoked by the State of California after administering morphine to ease a patient’s pain. Compassion & Choices filed an amicus brief on behalf of Dr. Luke, whose license was reinstated.

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Learn more about the aid-in-dying movement by reading Milestones in Policy Change

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