DELAWARE- A federal judge has dismissed a lawsuit seeking to block or delay Delaware’s medical aid in dying law, clearing the way for the measure to take effect as scheduled.
Starting Thursday, terminally ill adults in Delaware who are given six months or less to live will have the option to request a lethal dose of medication under the End of Life Options Act. The law was signed earlier this year by Gov. Matt Meyer and has been debated in the state for nearly a decade.
Opponents of the law had asked the court to issue a temporary restraining order, arguing that if they could not stop the law entirely, they should at least be able to delay its rollout. On Tuesday, U.S. District Court Judge Gregory B. Williams dismissed the case.
The ruling sided with Compassion & Choices, a national nonprofit that supports medical aid in dying and intervened in the lawsuit.
Among the plaintiffs was Daniese McMullin-Powell, who has post-polio syndrome and uses a wheelchair. She argued the law could put vulnerable people at risk, particularly those with disabilities or limited access to health care.
“Some people might take it just because of the availability of it,” McMullin-Powell said. “Sometimes people are made to feel that they’re a burden on their family, or that their life isn’t valued, or that it costs too much to preserve their life.”
Supporters of the law say those concerns are addressed through multiple safeguards written into the legislation.
Vickie George, who is represented by Compassion & Choices and also uses a wheelchair, said her support for medical aid in dying is deeply personal. She said her sister died from cancer in a state where the option was not available.
“She died in horrific pain,” George said. “Had medical aid in dying been available, she could have died with dignity, in peace, with the love of her family around her.”
McMullin-Powell questioned whether doctors could be pressured into making rushed decisions and argued that gaps in affordable and accessible health care could influence patients’ choices.
“It is a fight for our lives,” she said. “This is not a law you can fix later. When you’re dead, you’re dead.”
George said the law is designed to protect patients and ensure the decision is voluntary.
“If anybody would take a look at the bill, they would know the safeguards are all there,” she said.
While the lawsuit was dismissed, McMullin-Powell and the other plaintiffs say they plan to file an appeal as soon as possible. For now, the law remains on track to take effect.
Under Delaware’s medical aid in dying law, patients must meet several requirements before receiving the medication. Two doctors must confirm the patient is terminally ill, has six months or less to live, and is mentally capable of making the decision. The patient must submit a written request witnessed by two people and can change their mind at any time. Doctors must also determine the request is voluntary, and there is a required 48-hour waiting period after the request is made.
For now, eligible patients will be able to begin the process starting Thursday.