Court ruling lets medical aid in dying go ahead

NJ Spotlight News | August 27, 2019 | Law & Public Safety

New Jersey can now move ahead with a new law allowing terminally ill patients to seek life-ending drugs.

On Tuesday morning, a state appeals court overturned a lower court’s temporary hold on the law, ruling that a state Superior Court “abused its discretion” in blocking the law earlier this month.

Later in the day, the New Jersey Supreme Court upheld that decision, dismissing the restraining order brought by a Bergen County doctor and allowing the Aid in Dying law to be reinstated.

The law, which Gov. Phil Murphy signed in April, went into effect Aug. 1. But Superior Court Judge Paul Innes put a hold on the law Aug. 14.

The suit was brought by Dr. Yosef Glassman, a medical doctor practicing in New Jersey and whose suit identified him as an Orthodox Jew. He had argued the law could compel him to violate his religious and professional morals.

But the appeals court was unconvinced, saying Glassman didn’t have standing to assert his claims on behalf of other doctors, patients or interested family members.

Physician participation in the law is voluntary.

Under the law, two doctors must sign off on a patient’s request for life-ending drugs, and a patient must request the medication twice over the span of 15 days — at least one time in writing and signed by two witnesses.

An attorney for Glassman says they’ll continue their attempt to repeal the law.