In brief
The 3rd U.S. Circuit Court of Appeals upheld New Jersey's residency requirement for its assisted suicide law, stating it only applies to state residents. The ruling was influenced by the complexities of end-of-life decisions and the differing approaches across states. This decision arose following the case of a terminally ill Delaware woman, who had challenged the requirement but passed away before the ruling.
A New Jersey law allowing terminally ill individuals to request life-ending drugs is strictly applicable to state residents, as ruled by a federal appeals court.
The Philadelphia-based 3rd U.S. Circuit Court of Appeals rejected challenges to New Jersey’s residency requirement, recognizing the complicated nature surrounding end-of-life choices. The judges acknowledged that various states have taken different stances on this issue.
Judge Stephanos Bibas stated, Death brings good things to an end, but rarely neatly. He highlighted the difficult realities faced by terminally ill patients who may seek assistance in ending their lives. New Jersey allows its residents to make this personal choice.
Among the jurisdictions that permit such practices, like New Jersey, the District of Columbia, and ten other states, it is worth noting that most limit the law's reach to state residents, while Oregon and Vermont offer it to all individuals.
The case emerged from a request made by a Delaware woman suffering from stage 4 lymphoma who desired access to doctor-assisted suicide but unfortunately died after the oral arguments were presented. Delaware is set to authorize similar practices starting January 1.
One New Jersey doctor also challenged the law, and initial plaintiffs included a Pennsylvania woman with advanced breast cancer who passed away prior to the appeal. Following the appeals court's ruling, attorneys representing the law's challengers were approached for comments.
New Jersey Governor Phil Murphy enacted the law in 2019, stating his personal beliefs would not impede the choices available to those facing terminal illnesses. The law mandates that two doctors must agree to the request and that the patient must be an adult resident of New Jersey, voluntarily requesting the option, and diagnosed with a prognosis of six months or fewer remaining.
Patients are required to make two requests, one of which must be documented with two witnesses, none of whom can be related to the patient or entitled to their estate, nor anyone working for the healthcare facility treating them.
Ultimately, the appeals court underscored that states have the freedom to determine policies for assisted suicide, stating, This option does not appear to be a fundamental privilege or right that states must provide to non-residents.
