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

A federal appeals court ruled that New Jersey’s medical assistance law applies only to state residents and rejected efforts by out-of-state patients and doctors to challenge the restriction.

The U.S. Third Circuit Court of Appeals upheld the state’s residency requirement, finding that New Jersey is not required to provide assisted suicide to nonresidents. In the opinion written by Judge Stephanos Bibas, the court acknowledged the difficult decisions facing terminally ill patients but said the option was limited by state law.

“Death ends good things, but rarely ends them properly,” U.S. Circuit Judge Stephanos Bibas wrote in an opinion published last week. “Most terminally ill patients face a terrifying reality: an imminent and painful death. Some may want to avoid that pain by enlisting the help of a doctor to end their own life. New Jersey allows its residents to make that choice, but only its own residents.”

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

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The case began when a Delaware woman with stage four lymphoma tried to use New Jersey law but was blocked by the residency rule. He died after the discussions in the case. A New Jersey doctor who wanted to treat patients in nearby states joined the fight, as did other plaintiffs who later died or retired.

One of the plaintiffs, Dr. Paul Bryman said he was disappointed with the decision. “Terminal patients outside of New Jersey should have the option of medical assistance in dying without having to travel long distances,” he said.

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The U.S. Court of Appeals for the Third Circuit rejected arguments challenging 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 that while his Catholic faith may prevent him from choosing assisted suicide for himself, he supports the right of others to make that decision.

By law, a patient must be an adult New Jersey resident with a terminal diagnosis and a life expectancy of six months or less. Two physicians must confirm the diagnosis and the patient’s decision-making capacity. Patients must make two requests in writing, at least one accompanied by two witnesses, and be given the right to terminate.

At least one witness cannot be a family member, heir, treating physician, or employee of the facility where the patient receives care. Patients need to self-administer medications, and doctors need 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 had previously rejected the challenge on the grounds that physician-assisted suicide was not a fundamental right that states should extend to nonresidents. The appeals court agreed.

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“In our federal system, states are free to try policies as serious as allowing doctors to assist in suicide. Other states are free to keep it a crime,” the appeals court ruling said. The statement was included. “This new option does not seem to be a basic privilege, let alone a fundamental right, that states should grant to visitors.”

Delaware’s aid-in-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.