Delaware Legal Challenge Emerges Against New Medical Aid-in-Dying Law

Delaware Governor Matt Meyer signed the Ron Silverio/Heather Block Delaware End-of-Life Options Act into law on May 20, 2025, after a decade-long legislative effort. This law permits medical aid in dying for terminally ill patients diagnosed with six months or less to live, with provisions set to take effect January 1, 2026. However, the law has faced legal challenges questioning its scope and impact, particularly around concerns of potential application beyond terminal patients to individuals with non-terminal disabilities or conditions such as anorexia or spinal cord injuries. Several plaintiffs have filed a federal lawsuit asserting that the legislation may create a two-tiered system in medical care, leading to disparate treatment based on health status and disabilities. The suit raises constitutional and disability rights issues, including alleged violations of the 14th Amendment's Due Process and Equal Protection Clauses, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and the Affordable Care Act. The plaintiffs argue that the law could inadvertently pressure vulnerable patients toward end-of-life options rather than providing supportive care. Advocacy groups for disabled individuals, including Delaware ADAPT, highlight concerns that this legislation may increase discrimination against disabled individuals by framing assisted suicide as a form of mercy that could reduce needed healthcare support. These groups link the debate to broader healthcare issues in the state, such as Medicaid cuts and high insurance premiums, which exacerbate healthcare access challenges for disabled and chronically ill populations. The lawsuit and ensuing debate could have implications for healthcare payers, providers, and insurance regulators in Delaware as they address compliance with disability protections and end-of-life care options. The case underscores ongoing tensions in balancing patient autonomy with protections against discrimination in medical and insurance settings. The Meyer Administration has declined to comment on the pending litigation.