373 Mass. 728 (1977)

This was the first Massachusetts case and the second major case in the nation discussing whether an incompetent person has a right to die. Mr. Schultz represented the Commonwealth of Massachusetts, arguing that Mr. Saikewicz should be given chemotherapy and not allowed to die. For the Commonwealth, he rejected the doctrine, since adopted by a majority of the Court, that courts can make subjective, substituted judgments for incompetent persons, and that courts can presume for subjective reasons that persons would rather die than live. He has written one article published in Suffolk Law Review discussing his personal views on the issue.