DOVER, Del. - Two Delaware women and an advocacy organization have filed a motion in U.S. District Court to intervene on Delaware’s behalf in a lawsuit challenging the First State’s new medical aid in dying law.
On Dec. 8, multiple groups filed a lawsuit against Delaware attempting to block the End of Life Options Act from going into effect on Jan. 1, 2026. The Act would allow terminally ill adults to choose medical aid in dying after receiving a prognosis or six months or less to live. Plaintiffs argued the law is discriminatory to those with disabilities.
“With cuts in healthcare spending at the federal level, persons with life-threatening disabilities are now more vulnerable than ever,” the lawsuit reads.
Plaintiffs then filed a motion for a temporary restraining order which would block the law from going into effect until the lawsuit had been resolved. That motion has yet to be approved or denied.
On Friday, Dec. 19, a motion was filed requesting U.S. District Court Judge Gregory B Williams to allow Susan Boyce, Vickie George, and Compassion & Choices Action Network to enter the lawsuit as intervenors on behalf of Delaware.
According to court documents acquired by WBOC, Susan Boyce has a rare genetic disorder that significantly impacts her lung function. The disorder is ultimately expected to be fatal, according to the filing. Vickie George suffers from multiple sclerosis and requires a care team 24 hours a day, court documents read. While neither would yet be eligible to choose medical aid in dying, they argue the option being available to them is essential.
“If the Act does not go into effect on January 1, 2026, the ‘thoughtful and emotional end-of-life planning’ that Ms. Boyce engaged in with her family and medical providers ‘will be compromised,’ and she again will be forced to focus on ‘the uncertainties of [her] death’ rather than the ‘joy of living whatever time [she has] left to the fullest,’” Friday’s filing reads.
The filing goes on to say Compassion & Choices Action Network advocates and lobbies for expanded and protected end-of-life options and spent several years pushing for Delaware to adopt the End of Life Options Act.
The three intervenors argue they have significant interest in the case and would directly be affected if the End of Life Options Act is struck down or blocked, and so request to be included in the case. Due to their interest, the three say they would be more motivated and informed than the current state defendants in fighting for the Act.
“The individual Proposed Intervenors, unlike State Defendants, actually face the prospect of being deprived of autonomy over their own end-of-life care if Plaintiffs succeed on their challenge,” court documents read. “They have a deeply personal perspective on the importance of the Act that they can draw from in defending against Plaintiffs’ effort to invalidate it. And Proposed Intervenor CCAN has a depth of knowledge regarding MAID—including over 30 years of experience and data as to how MAID legislation has been implemented across the country and what its effects have been—that cannot be matched by State Defendants, who are relative newcomers to this area and are familiar only with Delaware’s recent legislative effort.”
In addition to their filing to join the suit, Boyce, George and CCAN also submitted a formal opposition to the plaintiff’s motion for a temporary restraining order against the End of Life Options Act.
As of 4:30 p.m. on Monday, Dec. 22, Judge Williams has yet to grant or deny the proposed intervenors’ motion to join the suit.
