3rd Circuit upholds NJ assisted-suicide residency rule
The 3rd U.S. Circuit Court of Appeals upheld that New Jersey’s medically assisted‑suicide law applies only to state residents, in an opinion by Judge Stephanos Bibas. The decision came amid a Delaware plaintiff’s death from stage‑four lymphoma after arguments, and on‑record disappointment from plaintiff Dr. Paul Bryman. The court noted New Jersey’s statute requires a six‑month prognosis confirmed by two physicians, two patient requests with witness‑limit rules, self‑administration, and a discussion of palliative care, and Delaware’s own aid‑in‑dying law takes effect Jan. 1.
📌 Key Facts
- The U.S. Court of Appeals for the 3rd Circuit upheld New Jersey's medically assisted‑suicide law as applying only to state residents.
- Judge Stephanos Bibas authored the opinion and the court's decision includes a direct quoted passage from his opinion.
- New Jersey's statute requires a prognosis of six months or less to live, confirmation by two physicians, two separate requests with specific witness limits, that the patient self‑administer the medication, and a documented discussion of palliative‑care options.
- The Delaware plaintiff in the challenge, who had stage‑four lymphoma, died after oral arguments in the appeal.
- On‑record reaction from plaintiff Dr. Paul Bryman expressed disappointment with the appeals‑court ruling.
- Delaware's own aid‑in‑dying law is scheduled to take effect on Jan. 1.
📊 Relevant Data
In 2023, 95% of the 101 individuals who used medical aid in dying in New Jersey were White, compared to Whites comprising 53.3% of the state's population; 1% were Black compared to Blacks comprising 13% of the population; 0% were Hispanic compared to Hispanics comprising 22% of the population; 4% were Asian compared to Asians comprising 10.3% of the population.
Medical Aid in Dying for the Terminally Ill Act 2023 Annual Report — Office of the Chief State Medical Examiner, New Jersey
From May 2023 to June 2024, nearly 25% of reported assisted deaths in Vermont were non-residents, following the removal of the residency requirement in May 2023.
Traveling To Die: The Latest Form of Medical Tourism — KFF Health News
A scoping review found that lower support for assisted dying among some racial and ethnic groups, such as African Americans and Hispanics, is associated with strong religious prohibitions, higher religiosity, feelings of marginalization, cultural emphasis on enduring suffering, and lower education levels.
Maybe for unbearable suffering: Diverse racial, ethnic and cultural perspectives of assisted dying. A scoping review — Palliative Medicine
📰 Sources (2)
- Adds a direct passage quoted from Judge Stephanos Bibas’s opinion.
- Notes the Delaware plaintiff with stage‑four lymphoma died after arguments.
- Includes on‑record reaction from plaintiff Dr. Paul Bryman expressing disappointment.
- Details statutory requirements under New Jersey’s law (6‑month prognosis, two‑physician confirmation, two requests with specific witness limits, self‑administration, and palliative care discussion).
- States Delaware’s own aid‑in‑dying law takes effect Jan. 1.