Delaware assisted suicide law takes effect after lawsuit dismissed

A law legalizing assisted suicide in Delaware took effect on January 1, despite a lawsuit that asked the courts to place a temporary injunction against it. Instead, the court dismissed the lawsuit altogether.

Key Takeaways:

• A district court judge dismissed a lawsuit challenging Delaware's assisted suicide law, allowing the law to take effect January 1.

• A disability and patient advocacy coalition argued that the new law discriminates against those with disabilities.

• Though they sought a temporary injunction against the law, a judge dismissed their lawsuit altogether.

• The coalition vowed to appeal the ruling.

The Details:

According to Delaware Public Media, a coalition of disability and patient advocacy groups filed a lawsuit in December challenging the state's End of Life Options Act [EOLOA], which was passed last year and scheduled to take effect January 1. In the lawsuit the plaintiffs argued that the law discriminates against individuals with disabilities.

A hearing was scheduled for New Year's Eve, at which the plaintiffs hoped to secure a temporary injunction which would prevent the law from taking effect. Instead, U.S. District Court Judge Gregory B. Williams canceled the hearing and dismissed the case altogether on Tuesday — a move WBOC called "a surprising step."

In his memorandum opinion, Williams said the plaintiffs in the case lacked standing to bring a lawsuit. He also rejected their claim that the new law would exclude those with terminal illnesses from the state's suicide prevention services.

“The problem for Plaintiffs, however, is that the assisted suicide contemplated by Delaware’s EOLOA is entirely voluntary,” he wrote. “Plaintiffs fail to provide, nor could the Court identify, a case where discrimination under the ADA was found by virtue of a person with disabilities being granted more options than their non-disabled counterparts. Contrary to Plaintiffs’ suggestion, nothing in Delaware’s EOLOA could reasonably be read to deny people with disabilities under the ADA with access to suicide prevention services.”

What's Next:

The plaintiffs said they plan to continue the case with an appeal to the Third Circuit court.

"Although we are disappointed in Judge Williams’ decision to deny our Temporary Restraining Order request and hastily dismiss the case, thereby cancelling tomorrow’s hearing, we look forward with hopeful hearts to the new year and our appeal to the 3rd Circuit, which we will file immediately," Institute for Patients' Rights President and Executive Director Matt Vallière said on Tuesday. He added:

"The decision not to implement a temporary restraining order puts vulnerable Delawareans at risk in the coming days, and we will be carefully monitoring the situation for patients in Delaware, especially given the lack of regulations issued by Delaware at this time. The judge’s decision effectively accelerates the process for us to achieve a final decision and real justice at the appellate level, where we trust that equal human dignity will prevail and the Delaware assisted suicide law will be permanently overturned."

The Bottom Line:

The legislation took effect on Thursday, which — as the lawsuit pointed out — puts people with disabilities at risk. “Throughout the country, a state-endorsed narrative is rapidly spreading that threatens people with disabilities: namely, that people with life-threatening disabilities should be directed to suicide help and not suicide prevention,” the lawsuit read. “This world view is being touted as a commonsense objective: people who have life-threatening disabilities should be able to readily obtain physician assisted suicide.”