Compassion Legal: The End-of-Life Justice Center at Compassion & Choices, along with pro bono counsel WilmerHale, today filed a motion to intervene in Brooklyn Center for Independence of the Disabled, et al. v. Hochul, a federal lawsuit seeking to block New York’s Medical Aid in Dying Act from taking effect on August 5, 2026.
The motion was filed on behalf of six New Yorkers whose voices and end-of-life healthcare options could be directly impacted if the lawsuit succeeds in delaying or preventing implementation of the law.
The lawsuit was filed June 11 in the U.S. District Court for the Eastern District of New York by a group of plaintiffs as part of a coordinated national legal effort to undermine medical aid in dying laws. Similar challenges have been filed in California, Colorado, Delaware, and Illinois.
New York’s Medical Aid in Dying Act creates a voluntary, patient-directed end-of-life healthcare option for qualified, terminally ill adults who have the capacity to make informed healthcare decisions. The law does not make anyone eligible based on disability or advanced age alone. It also does not take away supportive services, disability services, hospice, palliative care, disease-directed treatment or any other healthcare option.
“New Yorkers facing terminal illness should not have their end-of-life healthcare options delayed or their rights taken away while this lawsuit proceeds,” said Veronica Darling, Director of Litigation for Compassion Legal. “The complaint just repackages familiar arguments that mischaracterize how these laws work and who is eligible to use them. Our clients are seeking to intervene because the court should hear directly from the people whose choices, autonomy and peace of mind are at stake in this case.”
The New Yorkers seeking to intervene include people living with terminal illnesses, people living with disabilities, caregivers, and advocates who have personal experience with serious illness, disability, end-of-life care and the need for patient-directed healthcare options.
Dr. Jeremy Boal is a retired physician and former Chief Medical Officer of Mount Sinai Medical Center in New York. He was diagnosed with ALS in 2023.
“During my medical career, I witnessed time and again how autonomy over one’s healthcare decisions provides comfort to patients at the end of life. New York’s MAID Act only expands that autonomy. Now that I am living with ALS, knowing that I will have the option of medical aid in dying has allowed me to fully live in the time I have left. I am fighting this lawsuit so that I and other New Yorkers have this option if we choose to use it,” said Dr. Boal.
Benny Pollak is living with a disability. A 1980 car accident left him with a severe spinal cord injury, and he is now quadriplegic.
“I’ve lived with quadriplegia since 1980, and I want people to understand that people living with disabilities love our lives just like people living without disabilities do. I want to live and enjoy my life. I also want the option of medical aid in dying available as an end-of-life healthcare option, if and when I ever receive a terminal diagnosis with a prognosis of six months or less to live.. NY’s MAID Act increases end-of-life autonomy and options for everyone, including people living with disabilities,” said Pollack.
Iris Dudman is a former local news and public radio reporter, avid gardener and community organizer. She was diagnosed with a recurrence of glioblastoma, a type of brain cancer, in November 2025.
“My uncle was fortunate to use MAID in Oregon many years ago, and had a peaceful, beautiful death. Since I was diagnosed with glioblastoma, I’ve been waiting for New York’s MAID Act to take effect so I know that I have an exit ramp if things get tough and I choose to use it. If NY’s MAID Act is delayed by this lawsuit, I might lose the opportunity to die on my own terms,,” said Dudman.
Stacey Gibson became an advocate for medical aid in dying after caring for her second husband, who had spinal cerebellar ataxia, a progressive neurodegenerative disease with similarities to ALS. Gibson has a type of non-Hodgkin’s lymphoma and is in remission from breast and lung cancer.
“My husband Sid’s death from a rare neurological disease inspired me to begin my work with Compassion and Choices to advocate for NY’s MAID Act. This compassionate bill ensures the full range of end-of-life healthcare options are available to terminally ill New Yorkers who qualify. It is heartbreaking that this end-of-life option–this act of kindness–is being challenged,” said Gibson.
Dr. Annie Gurnett Bander is a biochemist who worked in pharmaceuticals and cared for her husband when he was diagnosed with ALS. She is now living with ALS herself.
“I cared for my husband while he died from ALS, so receiving the same diagnosis 3 years after he died terrified me. It infuriates me that I might lose the option to control the time and manner of my death that we worked so hard to get in NY’s MAID Act. I know it’s strange to say, but working to get the Act passed saved my life, because it enabled me to fully live without being afraid of how it is going to end.,” said Dr. Bander.
Nancy Murphy was diagnosed with triple negative breast cancer in May 2025.
“My sister was able to have a beautiful and peaceful death surrounded by her friends and family thanks to Vermont’s MAID law. As a Quaker and hospice volunteer, I believe that terminally ill, competent New Yorkers should have the right to choose the end-of-life experience that they want, like my sister did. After fighting so long to secure this important option for New Yorkers, I feel honored to continue the fight by joining this effort against the challenge to the MAID Act,” said Murphy.
The intervenors seek to ensure the court hears from New Yorkers who will be directly impacted by any ruling that blocks or delays the Medical Aid in Dying Act. They argue that the law gives qualified terminally ill adults an additional end-of-life healthcare option they may choose or decline, while leaving all other end-of-life care options and supportive services in place.
“These individual intervenors have a distinct and personal interest that will be harmed if the Act does not take effect as planned in August. Their voices should be part of the proceedings to ensure that the Court has the full picture of the ramifications of delaying implementation,” said Ryan Chabot, Partner at WilmerHale. “The outcome of this case will have a profound effect on New Yorkers facing terminal illness who want the comfort of knowing this option will be available if they qualify and decide to use it.”
The New York Medical Aid in Dying Act was passed by the Legislature and signed into law earlier this year after years of advocacy by terminally ill New Yorkers, families, healthcare professionals, faith leaders, disability advocates and supporters of patient autonomy. The law is scheduled to take effect August 5, 2026.
Medical aid in dying is one of many end-of-life healthcare options available to qualified terminally ill people. Other options include disease-directed treatment, hospice, palliative care, voluntarily stopping eating and drinking, palliative sedation, and the refusal or withdrawal of life-sustaining treatment.
“Taking away access to one voluntary healthcare option does not address inequities at the end of life,” said Darling. “Terminally ill people deserve information about and access to the full range of care options, and they deserve to make decisions based on their own values, beliefs and circumstances.”
The papers filed today are available here.
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