A recent decision from the 3rd U.S. Circuit Court of Appeals confirmed that New Jersey's law permitting terminally ill individuals to seek life-ending drugs applies only to residents of the state. This ruling reaffirms a residency requirement that has been a focal point of contention in end-of-life discussions.
The Philadelphia-based court, while recognizing the complexity surrounding end-of-life choices, emphasized that New Jersey has the right to dictate its policies in this sphere. U.S. Circuit Judge Stephanos Bibas articulated this sentiment, noting the stark reality faced by terminal patients who seek relief from debilitating suffering.
As of now, New Jersey, along with the District of Columbia and ten additional states, allows for assisted suicide in terminal cases, although most of these laws limit this option to residents. In contrast, states like Oregon and Vermont extend this option to non-residents.
This case was initiated by a Delaware woman suffering from stage 4 lymphoma who aspired to access doctor-assisted suicide but passed away before the appeals process concluded. Her case highlighted the urgency some terminally ill patients feel regarding such life-ending options.
The New Jersey law entails strict protocols, requiring two doctors to substantiate a patient's terminal status, alongside multiple requests for the medication, with at least one request in writing and witnessed by individuals who meet specific criteria. Notably, patients must self-administer the drugs, ensuring personal agency in their choice.
Initially, lower courts dismissed challenges to the law, underscoring that assisted suicide does not constitute a fundamental right that must be granted to non-residents. The appeals court concurred, upholding the state’s authority to govern such significant ethical decisions independently.
New Jersey's Democratic Governor Phil Murphy, who endorsed the law in 2019 despite his personal beliefs derived from Catholic doctrine, maintains that the choice should remain available to others, allowing states to carve their paths in this complex arena of healthcare legislation.
