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A federal appeals court has ruled that New Jersey’s medical aid in dying law applies only to state residents, rejecting efforts by out-of-state patients and doctors to challenge the restriction.
The U.S. Court of Appeals for the Third Circuit upheld the state’s residency requirement, finding that New Jersey is not required to make assisted suicide available to nonresidents. In an opinion written by Judge Stephanos Bibas, the court acknowledged the difficult decisions terminally ill patients face but said the option remained limited under state law.
“Death ends good things, but rarely neatly,” U.S. Circuit Court Judge Stephanos Bibas wrote in his opinion issued last week. “Many terminally ill patients face a grim reality: imminent and painful death. Some may want to avoid this suffering by seeking medical help to end their lives. New Jersey lets its residents make that choice, but only its residents.”
New Jersey is one of 11 states, along with Washington, D.C., that allows physician-assisted suicide for terminally ill adults. Most states limit this practice to residents, although Oregon and Vermont allow access regardless of residence.
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A federal appeals court has upheld New Jersey’s residency requirement for its physician-assisted suicide law. (iStock)
The case began when a Delaware woman with stage four lymphoma sought to use New Jersey law but was blocked by the residency rule. She died after arguments over the matter. A New Jersey doctor who wanted to treat patients in neighboring states also joined the challenge, as did other plaintiffs who have since died or retired.
One of the plaintiffs, Dr. Paul Bryman, said he was disappointed by the decision. “Terminally ill patients outside of New Jersey should have the opportunity to receive medical assistance in dying without having to travel long distances,” he said.
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The U.S. Court of Appeals for the Third Circuit rejected arguments against the New Jersey residency requirement. (AP Photo/Matt Rourke, file)
New Jersey Gov. Phil Murphy, a Democrat, signed the measure into law in 2019, saying at the time that while his Catholic faith might prevent him from choosing assisted suicide, he supported the right of others to make that decision.
Under the law, a patient must be an adult resident of New Jersey with a terminal diagnosis and a prognosis of six months or less to live. Two doctors must confirm the diagnosis and the patient’s ability to decide. Patients must submit two requests – at least one in writing with two witnesses – and must be given the opportunity to cancel.
At least one witness cannot be a family member, an heir, an attending physician or an employee of the establishment where the patient is treated. Patients should self-administer the medication and doctors should offer alternatives such as palliative care.
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New Jersey Governor Phil Murphy signed the measure into law in 2019. (AP Photo/Frank Franklin II, swimming pool)
A lower court previously rejected the challenge, finding that physician-assisted suicide was not a fundamental right that states should extend to nonresidents. The appeals court agreed.
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“In our federal system, states are free to experiment with policies as serious as letting doctors assist in suicide. Other states are free to consider this a crime,” the appeals court ruling said. “This unprecedented option does not seem to be a fundamental privilege, even less a fundamental right, that States must grant to visitors.”
Delaware’s own law on assisted dying takes effect 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.
