Federal appeals court upholds New Jersey’s assisted suicide residency rule

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 US Third Circuit Court of Appeals upheld the state residency requirement, concluding that New Jersey was not required to make assisted suicide available to non-residents. In an opinion written by Justice Stefanos Bibas, the court acknowledged the difficult decisions facing terminally ill patients, but said the choice remains limited under state law.

“Death ends good things, but rarely ends well,” U.S. Circuit Judge Stefanos Bibas wrote in the opinion issued last week. “Many terminally ill patients face a grim reality: imminent and painful death. Some may wish to avoid that suffering by seeking a doctor’s help to end their lives. New Jersey allows its residents to make that choice – but only for its residents.”

New Jersey is one of 11 states, along with Washington, D.C., that allow physician-assisted suicide for chronically ill adults. Most states limit the practice to residents, although Oregon and Vermont allow access regardless of residence.

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The case began when a Delaware woman with stage IV lymphoma sought to use New Jersey law, but the residency rule prevented it. She died after the case was argued. A New Jersey doctor who wanted to treat patients from 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 ruling. “Terminal patients outside New Jersey should have the option of medical assistance in dying without having to travel long distances,” he said.

Delaware’s assisted suicide bill has been signed into law, making it the 11th state to have such a law

The United States Third Circuit Court of Appeals rejected arguments against New Jersey’s 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 although his Catholic faith might prevent him from choosing medically assisted suicide for himself, he supports the right of others to make that decision.

By law, the 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 decision-making ability. Patients must make 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, heir, treating physician, or employee of the facility where the patient is receiving care. Patients must self-administer the medication, and doctors are asked to 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, pool)

A lower court previously rejected that challenge, finding that physician-assisted suicide is not a fundamental right that states must extend to non-residents. The Court of Appeal agreed.

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“In our federal system, states are free to try dangerous policies like allowing doctors to assist in suicide. Other states are free to make that a crime,” the appeals court ruling said. “This new option does not appear to be a basic privilege, let alone a basic right, that states should grant visitors.”

Delaware’s assisted dying law goes into 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.