Dear John,

A federal appeals court has delivered a damaging blow to the Compassion and Choices lawsuit seeking to eliminate New Jersey’s requirement that only residents have ability to request lethal drugs under its assisted suicide law. The denial of this request upholds the decision by a district court judge earlier this year to maintain New Jersey’s residency requirement.    

“New Jersey has sound reasons to limit this grave choice to its own residents,” Judge Stephanos Bibas wrote for the US Court of Appeals for the Third Circuit. “Protecting vulnerable patients and their doctors (not to mention avoiding friction with other states) justifies the residency requirement under any applicable test.”

Compassion and Choices has filed suit in Oregon, Vermont, Colorado and New Jersey to eliminate residency requirements. The Vermont and Oregon suits were made moot when their legislatures passed legislation to eliminate the requirements. The Colorado suit is in limbo as the main plaintiff is now deceased. Thus, the New Jersey decision is the clearest indication of judicial opinion on residency requirements, and this is a massive victory for medical professionals, disability advocates, and all vulnerable patients. 

Executive Director of PRAF, Matt Vallière, said “Big win today for vulnerable people in states where they are protected from the dangers and discrimination inherent to assisted suicide laws. The court, in ruling to maintain the New Jersey assisted suicide residency requirement, protects millions who live out of state from deadly harm.”

- Patients Rights Action Fund