standard in proceedings where a guardian seeks to discontinue nutrition and hydration of a person diagnosed to be in a persistent vegetative state".

The Glucksberg Test

In Washington v. Glucksberg (1997), the Court articulated a "history and tradition" test, which consists of two prongs: whether the asserted right was narrowly articulated, and whether such articulation was "deeply rooted in the nation's history". This test has been inconsistently applied, most notably being

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