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Third Circuit Upholds New Jersey’s Residency Limit on Medical Aid in Dying

The court ruled that states may set their own end-of-life rules to preserve resident-only access in New Jersey.

Overview

  • The 3rd U.S. Circuit Court of Appeals affirmed dismissal of a challenge brought by Dr. Paul Bryman and patients supported by Compassion & Choices.
  • Judge Stephanos Bibas wrote that assisted dying is not a fundamental right that states must offer to non-residents.
  • New Jersey’s law applies to adult residents with a prognosis of six months or fewer and requires two physician confirmations, repeated requests with witnesses, and self-administration of the medication.
  • Oregon and Vermont allow access for non-residents, and Delaware’s aid-in-dying law is set to take effect on Jan. 1.
  • Two patient plaintiffs from Delaware and Pennsylvania died before the ruling, and the state recorded 122 deaths through the program last year.