This story is developing and will be updated.
Gov. John Carney vetoes a bill legalizing medical aid in dying in Delaware that narrowly passed the General Assembly in June.
Just days before the end of the legislative session, and on its second try in the state Senate, medical aid in dying — also referred to as physician-assisted suicide — passed its second-to-last hurdle to becoming legal in the First State.
The final step was obtaining Carney’s signature, and almost three months later, the governor has decided to veto the legislation.
In a statement, Carney said “I still don’t believe a firm consensus has been reached on what is a very difficult issue – in Delaware or nationally,” and says although he understands not everyone shares his view, he is “fundamentally and morally opposed to state law enabling someone, even under tragic and painful circumstances, to take their own life.”
"Over the past several years, I have listened to legislators, advocates, and constituents who have reached out to me and my team to share their views. I also followed the action of the Delaware General Assembly, where this legislation passed by just one vote in the House and the Senate," he said. "I appreciate the thoughtful consideration of the legislation, and I recognize that the bill's sponsors made compromises in an attempt to limit abuse and protect vulnerable patients."
He cites the American Medical Association's (AMA) decision to reaffirm its view that "physician-assisted suicide is 'fundamentally incompatible with the physician's role as a healer," as additional basis for his opposition.
Carney says he is simply "not comfortable" letting this piece of legislation become law, and therefore it will return to the House of Representatives without his signature.
The legislation would allow a terminally ill adult to self-administer medication to end their life after making two verbal and one written request — a guardian or surrogate healthcare decision maker cannot make the request on the adult’s behalf.
The decision would only be available to adult state residents diagnosed with an incurable and irreversible disease, illness or condition who has been given a prognosis of six months or less to live by at least two medical professionals.
Physician-assisted death is currently legal in 10 other states and Washington D.C.
The bill's champion, State Rep. Paul Baumbach (D-Newark), has been working on the controversial legislation for over a decade, introducing it to the legislature for the eight time last year.
While he was aware Carney had reservations about it, he says he was still holding out hope.
“I'm very disappointed in him, but this isn't the first time. I think it was truly an act of cowardice. I think his veto statement was an embarrassment. I know that if we're unsuccessful in getting this veto overridden, then I'm quite confident that we will get it passed and turned into law next year," Baumbach said.
Baumbach says he has already been in talks with House and Senate leadership to see if both chambers hold enough supportive votes for a three-fifths majority to override the veto before the November 5 election.
The legislature immediately overturns following the General Election, as opposed to changing in January like other states.
He says he is disappointed in the governor’s decision to not listen to the people of Delaware, and if the veto cannot be overridden in the coming months, he is still hopeful about the bill’s future.
“I have no expectation of a challenge in the legislature passing it next year. I think everyone recognizes that Matt Meyer is the most likely next governor — he's already expressed his support for signing such a bill into law.”
Baumbach says even if Republican candidate Mike Ramone is elected governor, he thinks Ramone would be “hard pressed” to veto it, and even if that was the case, he feels it would be overridden.
Delaware Senate leadership also expressed their discontent with the governor's decision, and feel Carney selectively quoted one side of the debate within the AMA community.
"The AMA had established multiple sub-groups to discuss and debate the increasingly popular framework of end-of-life options and yet Governor Carney selectively quoted the only AMA sub-group that opposed this framework. Medical practitioners increasingly support this legislation, as the Senate heard very clearly from the Delaware Nurses Association and Delaware hospice providers, as well as the group within the AMA that Governor Carney chose to disregard entirely," say Sen. President Pro Tempore Dave Sokola (D-Newark), Sen. Majority Leader Bryan Townsend (D-Newark) and Sen. Majority Whip Elizabeth "Tizzy" Lockman (D-Wilmington).
"Whether via a veto override in 2024 or via new legislation in 2025, there will come a day soon when this legislation becomes law, and Delawareans are afforded the respect and support they deserve in their final stages of life. We are hopeful that the next Governor will embrace a renewed commitment of collaboration and partnership between Delaware’s executive and legislative branch and the broader community of stakeholders, so together we can do more to help Delawareans and respect their individual choices and liberties in all phases of their lives."
While the bill made it out of the Health and Human Development Committee in May 2023, it made it to the House Floor for the first time in April 2024.
The legislation passed 21 yes, 16 no and 4 absent in the House, but failed its first try in the Senate, with State Sen. Kyra Hoffner (D-Dover) deciding not to cast a vote.
Five days later, Hoffner voted in favor of the legislation, making the the final tally 11-10.
“It has been a very emotional weekend for me as I went and talked to as many as I could — either supporting or not — with my final conversation being with Sen. Ennis so that I can vote ‘yes’ with a clear mind that I did my job," Hoffner said.
This is the second bill from Baumbach that Carney has vetoed this session.
In June, Carney opted to veto legislation that provides extra regulatory processes to the State Employee Benefits Committee (SEBC) — the body in-charge of choosing state health insurance plans — and their meetings, as well changes the body's membership.
Carney cited fiscal concerns as his reason for not signing the legislation, noting in a statement, "These changes will likely lead to higher taxes, reduced state services, or a greater cost burden on active state employees, including teachers, law enforcement officers and other public servants. That is unacceptable."
“I have a different viewpoint than the governor does on how the SEBC does work and should work, and I think that having more stakeholders who are eating the cooking gets a better dinner, and I think it’s much better to have people at the table than on the menu," Baumbach said in response.
The veto was overridden unanimously in both chambers with two members absent — the first override in 47 years.
Baumbach announced he is retiring at the end of his term, meaning if the override this year is not successful, he will have to pass the torch to another legislator to revive efforts on the bill.
