The 58-year-old from Melksham, Wiltshire, has "locked-in syndrome" following a stroke in 2005 and is unable to carry out his own suicide.
His is seeking legal protection for any doctor who helps him end his life.
The Ministry of Justice argues making such a ruling would change murder laws.
"Locked-in syndrome" leaves people with paralysed bodies but fully-functioning minds.
The judge's ruling now means that Mr Nicklinson's case will go to a full hearing, where medical evidence can be heard.
This is a very difficult situation. On the one hand I cannot imagine the torture Mr Nicklinson suffers through being 'locked-in'. Life like that would be unbearable for me.
However, as the article goes on to suggest, what Mr Nicklinson is requesting is not to be allowed to have a doctor assist his suicide, he wants a doctor to actually kill him.
It is a terrible dilemma, and I know such topics raise strong feelings, but I would ask that responders be thoughtful and considerate about any reply.