Federal Appeals Court Upholds Residency Requirement for New Jersey’s Assisted Suicide Law
TRENTON, N.J. — A federal appeals court has affirmed that New Jersey’s medically assisted suicide law applies exclusively to state residents, rejecting challenges from out-of-state patients and physicians seeking broader access. The Third U.S. Circuit Court of Appeals ruled last week that New Jersey is not obligated to extend physician-assisted suicide to non-residents, maintaining the state’s residency restriction.
In an opinion authored by Judge Stephanos Bibas, the court acknowledged the profound and painful decisions faced by terminally ill patients but emphasized that the option to seek medical aid in dying remains limited under New Jersey’s statute. “Death brings good things to an end, but rarely neatly,” Judge Bibas wrote. “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.”
New Jersey is among 11 states, along with the District of Columbia, that have legalized physician-assisted suicide for terminally ill adults. However, most states that permit the practice restrict it to residents, with exceptions such as Oregon and Vermont, which allow access regardless of residency. The law in New Jersey, signed by Governor Phil Murphy in 2019, requires patients to be adults diagnosed with a terminal illness and expected to live six months or fewer. The process mandates confirmation by two physicians, multiple requests including one written with witnesses, and self-administration of prescribed medication.
The case that prompted the ruling began when a Delaware woman with stage four lymphoma sought to utilize New Jersey’s law but was barred due to the residency requirement. She passed away after legal arguments were made. A New Jersey physician, Dr. Paul Bryman, who wished to treat patients from neighboring states, also joined the legal challenge. Dr. Bryman expressed disappointment in the court’s decision, stating, “Terminal patients outside New Jersey should have the option of medical aid in dying without having to travel long distances.”
Governor Murphy, a Democrat, had previously expressed support for the law despite personal reservations rooted in his Catholic faith, emphasizing the importance of individual choice in end-of-life decisions. Under the statute, patients must make two requests for aid in dying, with at least one being in writing and witnessed by two individuals who cannot be family members, heirs, attending physicians, or employees of the care facility. Patients retain the right to rescind their request at any time.
The ruling aligns with similar residency requirements upheld in other states and underscores the ongoing debate surrounding access to medical aid in dying across state lines. For more information on New Jersey’s law and its requirements, visit the New Jersey Department of Health. Details about the federal appeals court decision can be found at the Third Circuit Court of Appeals website.
For broader context on physician-assisted suicide laws across the United States, the Death with Dignity National Center provides comprehensive resources. Additionally, the Centers for Disease Control and Prevention offers data on mortality and end-of-life statistics.
As the legal landscape continues to evolve, terminally ill patients and healthcare providers face complex challenges navigating state-specific regulations governing medical aid in dying.
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