Right to Die Law Poised to Launch in NY, Despite Lawsuits

WXXI News | By Mikhaela Singleton, Samuel King

New York’s Medical Aid in Dying Act takes effect August 5, after years of fierce debate. But two lawsuits in federal court are seeking to block the law from coming into effect. Samuel King with the New York Public News Network joined host of WXXI’s Morning Edition Mikhaela Singleton to talk about the lawsuits and what they could mean for the law.

The following is a transcript of that conversation.

SINGLETON: So let’s just start off with the basics. For those who don’t know, what is the Medical Aid in Dying Act, and what would kind of implementing that in New York actually look like?

KING: Well, Medical Aid in Dying is commonly known as physician assisted suicide, and in New York, this new law would allow people who are determined to have six months, or if you were to live, to be able to use life-ending medication. Now, there’s a big debate over this in the state legislature for more than a decade. Actually, it took to get this bill passed, and the governor signed the bill this year after requesting amendments from the legislature. They include a mandatory five-day waiting period for the medication, a mandatory mental health evaluation for the patient, and allowing religiously oriented home hospice providers to opt out of the program.

SINGLETON: Well, you know that’s actually really interesting that you bring up the controversy that has surrounded this. There are lawsuits related to this case, so to address that, a coalition of Catholic healthcare providers and the Diocese of Rockville Center on Long Island they are suing over the law. So can you explain to us what are their arguments? What do they actually want in this?

KING: Well, what they’re saying, Mikhaela, is they say even though the religious organizations can opt out, they would still have to advise patients of their options. And attorneys argue that violates their First Amendment rights and also violates other federal laws, including the Americans with Disabilities Act. Here’s Adele Keim. She’s a senior counsel with the Beckett Fund for Religious Liberty, the attorneys for the plaintiffs in this case.

ADELE KEIM: The care they provide is not just medical; it’s also spiritual and emotional and social. And you know, the the government cannot, consistent with the Constitution, the best of our traditions, the government cannot go in and and tell people how how to die, which is what this this law is essentially doing.

KING: They want the law blocked from going into effect on August 5, which is now less than two weeks away.

SINGLETON: Yeah, so they have very little time to shore up not just this case, but there is a second case involving this act as well. So, talk to me about this second case because there are different arguments here.

KING: Yeah, this lawsuit is from a group of disability rights advocates. They argue that New York’s law violates the Americans with Disabilities Act in this case by denying equal protection and due process to people with disabilities, meaning they are singling out for lethal prescriptions instead of offering them proper care and treatment.

SINGLETON: Yeah, so a lot of arguments to be had here, Sam. As you mentioned, there’s there’s less than two weeks until this law goes into effect. So, how likely are these two opposing elements? How likely are they actually to win in court?

KING: We’re still awaiting any hearings in the Catholic health providers case, but in the disability group’s lawsuit, a temporary injunction to block the law was denied. A judge in that case could rule at any time now before august 5, and the New York City Bar Association they recently held a webinar on this issue. And attorney Emily Beer says these types of suits have actually been common in other states that have medical aid in dying laws.

EMILY BEER: To my knowledge, they’ve never been successful. The plaintiffs tend to lack standing, and courts that evaluate the merits say they fail to suit a claim as well.

SINGLETON: So yeah, you mentioned Sam, New York is by no means the first to implement this, including us. It’s actually 11 other states and D.C. that have this law, but ours certainly does not hit until august 5. So while these active lawsuits are happening, does it change anything with that august 5 implementation?

KING: Well, the state, the governor’s office, actually tells me that they don’t expect any delays with the law taking effect on august 5. In a statement, the governor’s office says the Department of Health is moving forward with regulations that will implement the law quote thoroughly and responsibly. And Veronica Darling, who’s director of litigation for the nonprofit Compassionate Choices, who have intervened in some cases, she says that’s a relief to all the people waiting for this law to take effect.

VERONICA DARLING: It means they can focus on living their lives and spending times with their family and not worrying about having to. Rework their end of life plan, and that’s a big thing that I think a lot of people don’t understand about medical aid in dying laws. Is it gives dying people a chance to just live the remainder of their life without worrying about how things are going to end. They have a prescription,

KING: And the state is stressing that all participation in the program by providers or from patients is voluntary.

Image: WXXI Morning Edition host Mikhaela Singleton and Capitol Bureau reporter Samuel King catch up on the latest developments in the state’s Medical Aid in Dying legislation.(WXXI)