Federal court upholds New Jersey’s residency rule for medical aid in dying

Why out-of-state patients can’t come to NJ for life-ending medication

New Jersey’s medical aid in dying law just survived a major legal test — and the ruling has big implications for patients both inside and outside the state. A federal appeals court has upheld New Jersey’s requirement that only state residents can receive life-ending medication under its 2019 law. The decision blocks terminally ill patients from other states to travel to New Jersey for the life-ending prescription.

Why the court said “no” to out-of-state access

In its ruling, the U.S. 3rd Circuit Court of Appeals said assisted suicide is not a fundamental privilege states must offer to nonresidents. Judges warned that striking the residency requirement could expose New Jersey doctors to criminal prosecution in states where the practice remains illegal. As Judge Stephanos Bibas put it, “A prescription lawful in Camden can be evidence of a felony in Philadelphia.”

The court also noted that expanding access could weaken protections in New Jersey’s law — particularly safeguards against coercion, which vary widely across states.

A lawsuit shaped by loss

The case was originally brought by Delaware resident Judy Govatos, Philadelphian Andrea Sealy, and two New Jersey doctors. But the litigation took a tragic turn: both Govatos and Sealy died during the case, and one doctor retired. That left Dr. Paul Bryman as the lone plaintiff.

Bryman said in a statement to New Jersey Monitor that he was “deeply disappointed,” arguing that terminally ill patients shouldn’t have to drive hours or travel across state lines for access to compassionate end-of-life care.

What New Jersey’s law allows — and why it’s staying as is

Under the Medical Aid in Dying for the Terminally Ill Act, New Jersey adults with a prognosis of six months or less can request self-administered medication after one written and two oral requests. The state reports 409 people have used the program since 2019.

Supporters say the ruling keeps the law’s protections intact. Critics say it shuts out suffering patients just miles over the border.

For now, New Jersey’s stance is clear: aid-in-dying access stays in-state — and the legal boundary is not moving.

Report a correction 👈 | 👉 Contact our newsroom