This article comments on a case decision by the United States Supreme Court (Vacco v. Quill, 1997) which upheld the prohibition of physician-assisted suicide. The author argues that the Supreme Court incorrectly concluded that the right to die with assistance is not a fundamental right. He also argues that the state has no legitimate interest in preventing terminally ill patients from physician-assisted suicide. He concludes that, based on this decision, all terminally ill patients have lost their constitutionally guaranteed right to die with assistance. (248 refs) (SC)