New Jersey's medically assisted suicide law only covers state residents, appeals court rules

A federal appeals court ruled that New Jersey s diagnostic aid-in-dying law applies only to state residents rejecting efforts by out-of-state patients and physicians to challenge the restriction The Third U S Circuit Court of Appeals upheld the state s residency requirement finding that New Jersey is not required to make assisted suicide available to non-residents In an opinion written by Judge Stephanos Bibas the court acknowledged the arduous decisions facing terminally ill patients but commented the option remains limited under state law Death brings good things to an end but rarely neatly U S Circuit Court Judge Stephanos Bibas wrote in the opinion issued last week A multitude of terminally ill patients face a grim reality imminent painful death Particular may want to avert that suffering by enlisting a expert s help to end their own lives New Jersey lets its residents make that choice but only its residents New Jersey is one of states along with Washington D C that allow physician-assisted suicide for terminally ill adults Largest part states restrict the practice to residents though Oregon and Vermont allow access regardless of residency LAWSUIT FILED AGAINST KANSAS LAW NULLIFYING END-OF-LIFE CHOICES FOR PREGNANT WOMENThe incident began when a Delaware woman with stage four lymphoma sought to use New Jersey s law but was blocked by the residency rule She died after arguments in the circumstance A New Jersey practitioner who requested to treat patients from nearby states also joined the challenge as did other plaintiffs who have since passed away or retired One of the plaintiffs Dr Paul Bryman reported he was disappointed by the ruling Terminal patients outside New Jersey should have the option of clinical aid in dying without having to tour long distances he commented DELAWARE'S ASSISTED SUICIDE BILL SIGNED INTO LAW MAKING IT THE TH STATE WITH SUCH A STATUTENew Jersey Gov Phil Murphy a Democrat signed the measure into law in saying at the time that while his Catholic faith might prevent him from choosing assisted suicide for himself he supported the right of others to make that decision Under the law a person must be an adult New Jersey resident with a terminal identification and a prognosis of six months or fewer to live Two physicians must confirm the identification and the individual s quota to decide Patients must make two requests at least one of them in writing with two onlookers and must be given the opportunity to rescind At least one witness cannot be a family member heir attending physician or an employee of the facility where the person receives care Patients must self-administer the medication and doctors are required to offer alternatives such as palliative care LOVE YOU FOREVER AUTHOR MAY SOON DIE BY ASSISTED SUICIDE PRO-LIFE GROUPS CALL DECISION HEARTBREAKING A lower court previously dismissed the challenge finding that physician-assisted suicide is not a fundamental right states must extend to non-residents The appeals court agreed In our federal system states are free to experiment with policies as grave as letting doctors assist suicide Other states are free to keep it a crime the appeals court ruling disclosed This novel option does not appear to be a fundamental privilege let alone a fundamental right that states must accord visitors Delaware s own aid-in-dying law goes into effect on Jan 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 review