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Federal appeals court rules new jersey The medical aid law applies only to in-state residents, rejecting efforts by out-of-state patients and doctors to challenge the restrictions.
The U.S. Court of Appeals for the Third Circuit upheld the state’s residency requirement, holding that New Jersey is not required to provide assisted suicide services to nonresidents. In an opinion written by Justice Stephanos Bibas, the court acknowledged that terminally ill patients face difficult decisions but said such options remain limited under state law.
“Death brings an end to good things, but rarely a clean one,” U.S. Circuit Court Judge Stephanos Bibas wrote in an opinion issued last week. “Many terminally ill patients face a stark reality: an impending, painful death. Some may wish to avoid that pain by seeking help from a physician to end their own lives. New Jersey allows its residents to make such a choice — but only among its residents.”
New Jersey and Washington, D.C., are among 11 states that allow physician-assisted suicide for terminally ill adults. Most states limit the practice to residents only, although Oregon and Vermont allow it regardless of residency.
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A federal appeals court upholds residency requirements for New Jersey’s medically assisted suicide law. (iStock)
The case began when a Delaware woman with stage 4 lymphoma tried to take advantage of New Jersey law but was blocked by residency rules. She died following an argument during the case. A New Jersey doctor who wanted to treat patients in a nearby state also joined the challenge, as did other plaintiffs who have died or retired.
Dr. Paul Brightman, one of the plaintiffs, said he was disappointed with the ruling. “Terminal patients outside of New Jersey should have the option to receive medical care when they die without having to travel great distances,” he said.
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The U.S. Court of Appeals for the Third Circuit rejected arguments against New Jersey’s residency requirement. (AP Photo/Matt Locke, File)
governor of new jersey Phil MurphyThe Democrat signed the measure into law in 2019, saying at the time that while his Catholic faith might prevent him from choosing assisted suicide for himself, he supported the right of others to make that decision.
By law, patients must be adult residents of New Jersey with a terminal diagnosis and a prognosis of six months or less to survive. Two doctors must confirm the diagnosis and the patient’s ability to make decisions. The patient must make two requests – at least one of which is in writing and with two witnesses – and must be given the opportunity to withdraw.
At least one witness cannot be a family member, heir, attending physician, or employee of the facility where the patient receives care. Patients must self-medicate and doctors must offer alternatives such as palliative care.
New Jersey Governor Phil Murphy signed the measure into law in 2019. (AP Photo/Frank Franklin II, pool)
Lower courts have previously rejected that challenge, holding that physician-assisted suicide is not a fundamental right that states must provide to nonresidents. this Court of Appeal agree.
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“In our federal system, states are free to experiment with policies as serious as allowing physician-assisted suicide. Other states are free to criminalize it,” the appeals court ruling said. “Such novel options do not appear to be a basic privilege, let alone a fundamental right, that states must afford visitors.”
Delaware’s aid-in-dying law will take effect on January 1.
Several other countries, including Canada, Germany, Belgium, Switzerland, the Netherlands, Australia and Colombia, have also legalized physician-assisted suicide.
The Associated Press contributed to this report.
