Constitutional Right to Death and Poor Grammar in New Mexico

A New Mexico judge (Nan Nash) has just overturned state law criminalizing aid in suicides.  It's another case of our leftist judicial oligarchy inserting their own moral beliefs into a constitution, in this case, New Mexico's.
Here is the judicial OPINION

So if you feel like a burden to your family or caretakers, if you feel worthless and downtrodden, if you just can't summon the courage to pull the trigger, well, the judge wants you to know now you have options.  (Actually, you've always had them since they were right there in the Constitution all along.  Silly us for not noticing).

Here's the essence of the "argument" from her opinion (commentary below the fold):

HH. This Court cannot envision a right more fundamental, more private or more 
integral to the liberty, safety and happiness of a New Mexican than the right of a competent, terminally ill patient to choose aid in dying. If decisions made in the shadow of one’s imminent death regarding how they and their loved ones will face that death are not fundamental and at the core of these constitutional guarantees, than what decisions are? As recognized by the United States Supreme Court in Cruzan “[t]he choice between life and death is a deeply personal decision of obvious and overwhelming finality.” Cruzan, 497 U.S. at 281. 

II. The Court therefore declares that the liberty, safety and happiness interest of a 

competent, terminally ill patient to choose aid in dying is a fundamental right under our New 

Mexico Constitution. 

Let's start with this fact.  There is no Constitutional right to aid in suicide.  It's not in their Constitution and it's not in the Federal Constitution.  The judge is making it up on the fly.  But let's move on and not get bogged down by what the Constitution actually says. 

The judge cannot envision a right more FUNDAMENTAL than a "right of a competent terminally ill patient to choose aid in dying."

Now what IS a fundamental right?  A fundamental right is a basic right.  A right to life is a basic right.  A right to have friends is a basic right.  A right to paid vacations for two weeks out of the year if one is not a farmer is not a fundamental right; that gerrymandered "right"--if it be a right at all--is far from fundamental.  Is the above right she mentions a basic right or a gerrymandered right?  You decide.

She asks rhetorically, if decisions about death are not fundamental, "than [sic] what decisions are?"  One rhetorical flourish deserves another: How about a right to life?

Then there is this howler: somehow a concern for "safety" is tied to a right of a terminally ill patient to choose aid in dying.  Umm...isn't getting someone to help kill you about the most UNSAFE thing you can do?! Imagine the following conversation at Walmart "Yes, I'm looking for the safest gun I can buy in order to blow my brains out.  Which would  you recommend?" Aside from the utter lunacy of this statement there is a real practical concern here.  What's to stop a husband from typing a suicide note on behalf of his annoying wife, killing her, and claiming protection under the substantive due process clause?  The real possibility of this sort of deviance is almost always ignored.

Finally there is the embarrassing, grammatical impropriety in that last statement above.  Let's have it before us again:

II. The Court therefore declares that the liberty, safety and happiness interest of a 

competent, terminally ill patient to choose aid in dying is a fundamental right under our New 

Mexico Constitution. 

 For starters, it looks like she needs an "and" here: "the liberty, safety and happiness [and] interest of a...."

But that's not the worst of it.  Instead of saying that there is a fundamental right to aid in dying, the sentence reads grammatically that "the liberty, safety and happiness...is a fundamental right."  Well, we already knew that, Judge (though you should've used "are" instead of "is").  Surely that it not what she meant to say.  But I guess that's what happens when you are making crap up on the fly.