There are three separate federal legal challenges to Deb’s Law, which goes into effect on September 12, 2026, making their way through Illinois courts right now: Payne v. Pritzker, Kirchoff v. Treto and the newest one, Carmelite Sisters for the Aged and Infirm v. Prince. We want to make sure you are up to date on what’s been happening and how Compassion & Choices and Compassion Legal are fighting to protect your right to medical aid in dying in Illinois.
On Friday, September 4, Compassion & Choices attended a hearing in the Payne v. Pritzker challenge to Deb’s Law. Payne v. Pritzker aims to prevent the law from taking effect by claiming that medical aid in dying discriminates against people who are disabled. The lawsuit is similar to legal challenges to medical aid-in-dying laws in California, Colorado, Delaware, and New York.
Judge Tharp denied Plaintiffs’ request for a temporary injunction, so this lawsuit will not impact the roll out of Deb’s Law.
Deb’s Law is clear and unequivocal that only qualified, terminally ill patients can access this healthcare option. These laws are entirely voluntary. They are about compassion, dignity, and respecting the healthcare choices of terminally ill adults when it matters most, not discrimination.
Compassion Legal filed a motion to intervene ahead of the hearing on behalf of Deb Robertson, Sophie Meyn, Brenda Boutte, and Maureen Statland that was denied September 2. We are disappointed that these brave Illinoisans did not get to fight for their right to end-of-life care they want in court and we are working on our next steps to ensure these advocates’ voices are part of the conversation.
There are two similar lawsuits in Illinois concerning religiously affiliated health care facilities and providers: Kirchoff v. Treto and Carmelite Sisters for the Aged and Infirm v. Prince.
In Carmelite Sisters, Cardinal Blase J. Cupich, archbishop of Chicago, two orders of Catholic nuns, and a pharmacist sued the state of Illinois to prevent Deb’s Law from going into effect. The plaintiffs claim that the new law violates their religious beliefs. Carmelite Sisters echoes the claims made in Kirchoff v. Treto, with different plaintiffs.
In both Carmelite Sisters and Kirchoff, the plaintiffs and the Illinois Attorney General agreed to a limited and narrow temporary injunction that only applies to the plaintiffs. However, the plaintiffs in Kirchoff recently sought to amend their complaint to include several more plaintiffs, attempting to expand the scope of the preliminary injunction.
To be clear, Deb’s Law protects healthcare workers’ right to follow their own conscience. No doctor or provider is ever required to participate in medical aid in dying. Hospitals and other healthcare institutions can also choose to ban their staff from practicing the full range of end-of-life care.
But the plaintiffs are not just asking to opt out of participating in helping a patient access medical aid in dying. They are petitioning for power over what people are allowed to know and whether they can access care elsewhere.
Right now, the most important thing to know is that the law is still going into effect as scheduled, and that Compassion & Choices is fighting – as we always have – to defend your right to choose end-of-life care that reflects your values, priorities and beliefs. We are monitoring these cases closely and will keep you updated if anything happens that will impact or impede your ability to access medical aid in dying when the law goes into effect on September 12.
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