A federal appeals court has ruled that New Jersey’s law allowing terminally ill residents to seek life-ending medication applies only to state residents, rejecting challenges from non-residents who wanted access. The 3rd U.S. Circuit Court of Appeals, based in Philadelphia, acknowledged the difficult nature of end-of-life decisions but upheld the residency requirement, noting that not all states permit medically assisted suicide and that policies vary nationwide.
“Death brings good things to an end, but rarely neatly,” Judge Stephanos Bibas wrote in the opinion. “Many terminally ill patients face a grim reality: imminent, painful death. Some may want to avert that suffering by enlisting a doctor’s help to end their own lives. New Jersey lets its residents make that choice—but only its residents.”
Currently, 12 jurisdictions, including New Jersey and the District of Columbia, allow assisted suicide for terminal cases, with most limiting the option to residents. Oregon and Vermont are exceptions, permitting non-residents to participate. The case was filed by a Delaware woman with stage 4 lymphoma who challenged the residency restriction, but passed away before the appeal was heard. Delaware is set to allow medically assisted suicide starting January 1.
A New Jersey doctor who had intended to assist patients like the Delaware woman also challenged the law, along with other plaintiffs who are now deceased or retired. Dr. Paul Bryman, one of the remaining plaintiffs, expressed disappointment in the ruling, emphasizing that terminal patients outside New Jersey should have the option of medical aid in dying without having to travel long distances.
New Jersey’s law, signed in 2019, requires two physicians to approve a patient’s request, who must be an adult state resident with a prognosis of six months or fewer to live. Patients must make the request twice, at least one in writing with two witnesses, and have the opportunity to rescind. Witnesses cannot be relatives, entitled to any part of the patient’s estate, or affiliated with the patient’s healthcare facility. Patients must self-administer the medication, and attending doctors are required to discuss alternative treatments, including palliative care.
The appeals court agreed with the lower court’s dismissal, reasoning that assisted suicide is not a fundamental right that states are obligated to extend to non-residents. “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 opinion said, emphasizing that such decisions remain within the discretion of each state.