New Jersey highest court refused to overturn a judge’s order preventing implementation of the state’s physician-assisted suicide law, sending it to the Appellate Division for a ruling on whether the measure should remain.
The Supreme Court said in an order Tuesday it would not lift last week’s temporary restraining order issued against the “suicide law” which would have allowed physicians to prescribe life-ending medications to certain terminally ill patients so that they may end their own lives.
NJBIZ notes that Innes sided with Dr. Yoseff Glassman of Bergenfield, who wants the measure invalidated. He argues that the state has not adopted enough regulations for the law which went into effect on Aug. 1.
The Office of Attorney General Gurbir Grewal – in a response filed Tuesday with the Appellate Division – argued that lawmakers inserted ample regulations and guidelines of the new law.
Glassman – a practicing member of the Jewish faith – argued that the law violates his religious and moral beliefs.
Initially, as reported on GL, he obtained a temporary restraining order which prevented the New Jersey assisted suicide act from going into effect. So although it technically went into effect August 1, with the 15 day waiting period, no one could ‘commit suicide’ until the 16th.
Smith and Associates stated: The Act (which should be more properly called the “New Jersey Physician-Assisted Suicide Act”), provides for, among other things, the self-infliction of death by way of fatal “medication”, i.e. pharmaceutical poisons; compelling even non-participating physicians to transfer patients’ medical records for the purpose of furthering the Statute’s aims against many of such physicians’ beliefs and duties; allowing for the disparate treatment of patients; allowing for the transfer of unused fatal pharmaceuticals to persons not otherwise authorized; and amending the statutory duty to otherwise warn of harm to others.
Moreover, the Act provides that in advance of the effective date of August 1, 2019, no fewer than six (6) regulatory bodies were to have issued required rules and regulations. However, no such required regulations or rules have been issued, rendering the entire death process wholly unregulated.
Additionally, his lawyer says “He feels it opposes his rights as a doctor, his obligations as a doctor to heal and his religious viewpoints, which is that he does not want to participate in an assisted suicide,” said E. David Smith, Dr. Glassman’s attorney.
Then the 15-day temporary restraining order expired but the Attorney General made an application for permission to file an emergent motion with the appellate division late this afternoon seeking dissolution of the restraints. The application has been granted.