Compassion Legal: The End-of-Life Justice Center at Compassion & Choices today applauded the dismissal of a federal lawsuit seeking to block New York’s Medical Aid in Dying Act from taking effect, calling the decision a victory for terminally ill New Yorkers, their families and all New Yorkers who believe people should have the freedom to make deeply personal decisions at the end of life.
The ruling in Brooklyn Center for Independence of the Disabled et al v. Hochul et al keeps New York’s Medical Aid in Dying Act on track to take effect Aug. 5, giving qualified, terminally ill adults the option to request medication they may choose to self-ingest to bring about a peaceful death.
Because the lawsuit was dismissed in full, the court did not need to decide whether to formally add six New Yorkers represented by Compassion Legal and pro bono counsel WilmerHale to the case. Compassion & Choices thanks the six dedicated advocates who raised their voices to defend the law on behalf of terminally ill New Yorkers and all New Yorkers who support individual autonomy and access to comprehensive end-of-life healthcare.
“Yesterday’s decision is a win for terminally ill New Yorkers and for the principle that personal end-of-life healthcare decisions belong to patients,” said Veronica Darling, Director of Litigation for Compassion Legal. “We are grateful to the six courageous New Yorkers who stood ready to defend this law and remind the court what is truly at stake: autonomy and peace of mind for people facing terminal illness.”
The lawsuit, Brooklyn Center for Independence of the Disabled, et al. v. Hochul, was part of a broader national strategy to dismantle medical aid-in-dying laws by mischaracterizing how they work and who is eligible to use them. Similar challenges have been filed in California, Colorado, Delaware, and Illinois. To date, courts agree that medical aid-in-dying laws do not discriminate and are wholly voluntary.
New York’s Medical Aid in Dying Act is a voluntary, patient-directed healthcare option. It limits access to qualified, terminally ill adults with decision-making capacity and a prognosis of six months or less to live. The law expressly prohibits anyone from eligibility based on disability or age alone. It also does not take away hospice, palliative care, disease-directed treatment, disability services, suicide prevention services, caregiving support or any other healthcare option.
“As both a physician and a patient living with ALS, I know how much comfort this option can provide,” said Dr. Jeremy Boal, a retired geriatrician, palliative care physician and former Chief Medical Officer of Mount Sinai Medical Center. “This ruling helps ensure terminally ill New Yorkers can make decisions based on their own values, beliefs and circumstances. That is what compassionate, patient-directed care should mean.”
“I know what ALS can take from a person and a family,” said Dr. Annie Gurnett Bander, a biochemist who cared for her husband as he died from ALS and is now living with ALS herself. “Having the option of medical aid in dying does not make me want to die. It helps me live with less fear. I am grateful this law remains on track for New Yorkers who may need it.”
“For me, this option is about peace of mind,” said Iris Dudman, a former local news and public radio reporter living with recurrent glioblastoma. “I may never choose to use it, but knowing it will be available allows me to focus on living. I am relieved that this lawsuit did not succeed in taking that comfort away.”
However, Catholic organizations filed Carmelite Sisters for the Aged and Infirm, Inc. et al v. James et al in New York federal court on July 17, also seeking to prevent New York’s Medical Aid in Dying Act from taking effect as scheduled. They claim that their First Amendment rights are being violated by New York’s Medical Aid in Dying Act and sought a Temporary Restraining Order (TRO) to stop the law from being implemented. The New York Attorney General’s Office and the Plaintiffs have agreed to a temporary injunction that applies only to the plaintiff groups that filed the lawsuit. The judge ordered that the Plaintiffs would not have to comply with the Medical Aid in Dying Act while litigation is pending.
So while New York’s law will still go into effect as planned on August 5, those who access care via Catholic hospital systems are unlikely to receive information about medical aid in dying and will have even more difficulty accessing the full range of end-of-life care options.
Compassion Legal will continue defending New Yorkers’ end-of-life rights and supporting access to the full range of end-of-life care options.
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