End-of-Life Advocates File Amicus Brief in Medical Aid-in-Dying Lawsuit at the Third Circuit

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End-of-Life Advocates File Amicus Brief in Medical Aid-in-Dying Lawsuit at the Third Circuit

April 2, 2026

On April 1 , Compassion Legal: The End-of-Life Justice Center at Compassion & Choices, along with Ryan Chabot of WilmerHale, filed an amicus brief in the Third Circuit Court of Appeals on behalf of two Delaware end-of-life advocates and Compassion & Choices Action Network (the Action Network) seeking to protect Delaware’s medical aid-in-dying law.

The brief was filed in a case challenging Delaware’s medical aid-in-dying law, the Ron Silverio/Heather Block End of Life Options Act (EOLOA). On December 30, 2025, a federal court dismissed the lawsuit brought by plaintiffs who claim the law discriminates against people with disabilities. Judge Gregory B. Williams’ decision denied the plaintiffs’ request to temporarily block the EOLOA from taking effect on January 1, 2026. The plaintiffs, led by the anti-medical-aid-in-dying Institute for Patients’ Rights, are appealing that decision to the Third Circuit Court of Appeals.

In their amicus brief, Compassion Legal argues that the plaintiffs’ original lawsuit and current appeal do not represent the majority of people living with disabilities, that people opposed to medical aid in dying do not have to choose it, and that numerous safeguards are built into Delaware’s law to protect that choice.

Compassion Legal filed a Motion to intervene in the appeal on January 29. That motion was denied on March 3.

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.

Both Ms. Boyce and Ms. George seek to ensure the EOLOA is available to them and their community if they ever need it. Ms. George in particular seeks to ensure healthcare options are not limited on the basis of disability.

The appeal is part of the third lawsuit of its kind filed by the Institute for Patients’ Rights 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 similarly dismissed at the district court level.

“A disability alone does not make someone eligible for medical aid in dying, and the EOLOA aligns with the disability rights community’s goal of bodily autonomy and the right to self-determination at all stages of life, including for those living with a terminal diagnosis,” said Veronica Darling, Director of Litigation with Compassion Legal. “The Ron Silverio/Heather Block End of Life Options Act reflects the wishes of over 70% of Delaware voters who support access to this end-of-life care.”

“I continue to be a part of this legal proceeding to ensure the EOLOA remains in effect,” Ms. Boyce said. “Knowing the law is available if and when I ever want it allows me to continue to focus on living my life to the fullest, not fearing death and the dying process.”

“It is important that my voice be heard,” said Ms. George. “Autonomy and choice in healthcare decisions are essential for all Delawareans.”

“Terminally-ill Delawareans deserve the full-range of high quality end-of-life healthcare options,” said Ryan Chabot, Partner at WilmerHale. “The outcome of this appeal will have a profound impact on Ms. Boyce and Ms. George, who wish to have the option of aid in dying, and on the Action Network, who advocated for the bill.”