Disability and patient advocacy organizations filed a federal lawsuit in December, hoping to see a temporary restraining order put in place against Delaware’s assisted suicide legislation.
That hearing was supposed to happen on New Year’s Eve, but a U.S. District Court Judge dismissed the case Tuesday.
The legislation will go into effect Jan. 1 as originally planned. The Institute for Patients’ Rights is one of the plaintiffs. Its president says they will be filing an appeal to the Third Circuit immediately.
Proponents of assisted suicide argue the option gives patients agency and can relieve suffering.
But Delaware ADAPT organizer Daniese McMullin-Powell said there aren’t enough safeguards in place to protect patients.
“You can’t find a doctor that will agree that you're terminal and that you need to end your life early?” McMullin-Powell proposed. “They'll find a doctor that will accommodate you just fine because you can doctor shop. You don't have to know the patient very long.”
McMullin-Powell added she thinks physician-assisted suicide exists to end the suffering of loved ones and caretakers, not the patients themselves.
Advocates against physician assisted suicide like McMullin-Powell argue pain management and accessible health care should be prioritized first.
McMullin-Powell said she’s disappointed the judge wouldn’t even hear the argument.
“I wish they'd realize it's a violation of the ADA and [Section] 504, the Rehab Act and the Constitution,” McMullin-Powell said. “I mean, it's life, liberty and the pursuit of happiness. And I don't see the word death in there that you have a right to do that.”
Judicial precedent in the U.S. is not so decisive when considering physician-assisted suicide. The Supreme Court recognized an individual’s right to refuse life-sustaining treatment as long as they are competent to exercise that right.
Washington v. Glucksberg (1997) saw the Supreme Court decide the right to assisted suicide is not a fundamental right and that states can pass laws prohibiting assisted suicide.
Physician-assisted suicide is not a crime nationwide. Rather, the 1997 case declared that legalizing or criminalizing physician-assisted suicide is up to each state individually.
The plaintiffs intend to file an appeal to the Third Circuit in an attempt to permanently overturn the law.
