A coalition of patient and disability advocacy organizations filed a federal lawsuit challenging Delaware’s medical aid in dying law on Dec. 8 − weeks before it’s slated to go into effect at the start of 2026.

The plaintiffs – including the Freedom Center for Independent Living, Inc., in Middletown and Delaware’s ADAPT chapter – are asking Delaware’s U.S. District Court to declare the law unconstitutional and permanently “block” the state’s enforcement, according to court documents and a press release issued Monday, Dec. 8.

Signed into law this past May, the Ron Silverio/Heather Block End of Life Options Law allows terminally ill patients who have six months or fewer to live the choice to request and receive medication that will “end the individual’s life in a humane and dignified manner,” according to the law’s text.

As written, individuals are unable to qualify for these life-ending medication due to age or disability.

Defendants named in the lawsuit include Gov. Matt Meyer, Delaware’s Department of Health and Social Services and Health Department Secretary Christen Linke Young. The governor’s office declined to comment, citing the ongoing litigation.

Supporters have argued having this end-of-life option provides those experiencing terminal illness control and autonomy. But opponents, specifically these plaintiffs, say the law not only violates several state and federal statutes but could still ultimately “single out” residents with disabilities and other vulnerable communities and put them at risk for untimely death as opposed to ensuring connection to necessary care. 

How we got here: Delaware becomes 12th jurisdiction to allow terminally ill patients right to die

“The act devalues people like me,” said plaintiff Sean Curran, a Delaware resident who experienced a serious spinal cord injury over three decades ago and is quadriplegic, in a written statement. “I have led a full life despite my disability. The act tells people like me that they should qualify for suicide help, not suicide prevention.”  

Matt Vallière, who serves as president and executive director of the nonprofit Institute for Patients’ Rights, similarly said this law would implement “a separate and unequal system” for individuals with disabilities.

“Our lawsuit is asking the courts to stop this practice so Delaware patients with disabilities won’t be funneled through bias, barriers to care and inequal access to a death-too-soon,” Vallière said in a statement.

“With looming Medicaid cuts and high insurance premiums, as well as Medicare which does not provide community or community-based services, it already feels like our health care system is divided into providing for the haves and neglecting the have nots,” said Daniese McMullin-Powell, a representative of Delaware ADAPT, in the lawsuit. “We do not need exacerbate its brokenness by adding an element where some patients are steered toward suicide.”  

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The longtime legislative effort was signed by Meyer earlier this spring, having previously vocalized his support for enacting this bill into law. As of now, the law is scheduled to go into effect either when final regulations are finalized and published or on Jan. 1, 2026, whichever happens first.

As of now, the state Health Department is in the process of drafting these regulations, which are expected in the coming weeks.

Olivia Montes covers state government and community impact for Delaware Online/The News Journal. If you have a tip or a story idea, reach out to her at omontes@delawareonline.com.