Compassion Legal fights efforts to block new medical aid-in-dying laws

This August and September, terminally ill people in New York and Illinois are set to gain an end-of-life care option they’ve waited years for. But a coordinated legal campaign is trying to stop these laws before they ever take effect.
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Photo credit: Cindy Schultz

“I want to live and enjoy my life. I also want the option of medical aid in dying available if and when I ever receive a terminal diagnosis with a prognosis of six months or less to live.”

In June, opponents of medical aid in dying filed federal lawsuits seeking to block New York’s and Illinois’ new laws — the latest in an ongoing nationwide effort to roll back end-of-life autonomy. 

Compassion & Choices expected these legal challenges, and with the help of longtime advocates for medical aid in dying, we are jumping in to defend the laws and keep them on schedule. 

Compassion Legal steps in to defend New York’s law

Benny Pollak and Dr. Jeremy Boal were among the many New Yorkers thankful to see the state’s Medical Aid in Dying Act signed into law in February. 

Now they’re fighting to make sure the law goes into effect as planned. 

Benny and Dr. Boal have joined Compassion Legal’s motion to intervene in the lawsuit and defend New York’s law, along with four other New Yorkers whose voices and end-of-life healthcare options could be directly impacted if the lawsuit succeeds in delaying or preventing the law from taking effect. 

Benny, a software engineer and medical aid-in-dying advocate, takes issue with the plaintiffs’ claim that New York’s law discriminates against people with disabilities. 

“I’ve lived with quadriplegia since 1980,” Benny says, “and I want to live and enjoy my life. I also want the option of medical aid in dying available if and when I ever receive a terminal diagnosis with a prognosis of six months or less to live.” 

Dr. Boal is a retired geriatrician and palliative care physician and former Chief Clinical Officer of Mount Sinai Medical Center in New York. He was diagnosed with ALS in 2023.

For Dr. Boal, like Benny, New York’s Medical Aid in Dying Act expands end-of-life autonomy and brings comfort. 

“Knowing that I will have the option of medical aid in dying has allowed me to fully live in the time I have left,” Dr. Boal says. 

Standing firm in Illinois — and beyond

In addition to our motion to intervene in New York, Compassion Legal is ready to jump in and fight to ensure Deb’s Law in Illinois takes effect as scheduled when the time comes. 

Similar challenges in California, Colorado, and Delaware have failed because the plaintiffs could not show they were actually harmed by aid-in-dying laws, which are completely voluntary for patients and physicians alike and have functioned responsibly and predictably for nearly three decades in the United States. 

We know that increasing choice at the end of life only strengthens the full range of end-of-life care: States where medical aid in dying is authorized report higher rates of hospice utilization, earlier and more meaningful end-of-life conversations, and greater patient satisfaction

For now, we await a judge’s decision in New York and stand ready to protect Deb’s Law in Illinois. And for as long as it takes, we’ll continue to defend patient-directed end-of-life care across the country. 

Learn more about Compassion Legal’s efforts to advance patient rights at the end of life.

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