A federal judge in Delaware today denied the request of a coalition of plaintiffs to temporarily block the Ron Silvero/Heather Block End-of-Life Options Act (EOLOA) from taking effect on January 1, 2026. After reviewing the parties’ and Compassion Legal’s arguments, Judge Gregory B. Williams dismissed the lawsuit entirely, agreeing that the Delaware EOLOA is entirely voluntary and contains numerous safeguards to ensure eligibility is limited to terminally ill individuals with less than six months to live.
The full 26-page opinion is available here.
On December 19, Compassion Legal: The End-of-Life Justice Center at Compassion & Choices filed a motion to intervene on behalf of two Delaware residents and Compassion & Choices Action Network in response to a complaint by a coalition of plaintiffs including Institute for Patients’ Rights, United Spinal Association, and Not Dead Yet. The complaint sought to obtain an emergency order stopping the Ron Silvero/Heather Block End-of-Life Options Act from taking effect. Because Judge Williams denied the plaintiffs’ request and dismissed the lawsuit in its entirety, the motion to intervene was denied as moot.
This is the third lawsuit of its kind filed by this coalition of plaintiffs since 2023; they also challenged access to existing medical aid in dying laws in California and Colorado. Access to medical aid in dying was not interrupted in either of those cases, and the California lawsuit was dismissed at the district court level.
“We are pleased that Judge Williams’ ruling will ensure that qualified, terminally ill people in Delaware have access to a full range of end-of-life healthcare options beginning January 1, as planned,” said Veronica Darling, Director of Litigation with Compassion Legal. “The Act reflects the wishes of over 70% of Delaware voters who support access to this end-of-life healthcare option.”
Compassion Legal’s clients include Susan Boyce, a Delaware resident living with a rare, incurable, and irreversible genetic form of chronic obstructive pulmonary disease and Vickie George, a Delaware resident living with primary-progressive multiple sclerosis and quadriplegia, who is an advocate for healthcare autonomy.
“I am relieved Judge Williams allowed Delaware’s medical aid in dying law to go into effect as planned,” Ms. Boyce said. “It allows me to continue to focus on living my life to the fullest, not fearing death and the dying process.”
“Autonomy and choice in healthcare decisions is important for all Delawareans,” said Ms. George. “I am happy Judge Williams did not take this important healthcare option away for Delawareans who qualify.”
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