Delaware governor draws criticism from fellow Democrats for vetoing doctor-assisted suicide bill

[September 21, 2024]  By RANDALL CHASE

DOVER, Del. (AP) — Democratic Gov. John Carney on Friday vetoed a bill allowing doctor-assisted suicide in Delaware, saying he is “fundamentally and morally opposed” to people killing themselves under the guidance of state law.

Carney said in his veto letter that he has consistently opposed the legislation, while recognizing the “thoughtful views” expressed by both supporters and opponents. He also noted that the legislation cleared both the House and Senate by single votes, an indication that the issue is divisive and controversial.

“Last year, the American Medical Association reaffirmed its view that physician assisted suicide is ‘fundamentally incompatible with the physician’s role as healer,’ ” Carney wrote. “And although I understand not everyone shares my views, I am fundamentally and morally opposed to state law enabling someone, even under tragic and painful circumstances, to take their own life.”

Democratic lawmakers blasted Carney’s decision, accusing him of putting his personal feelings ahead of the will of voters.

“The final days of a dying individual should not be dictated by the personal beliefs of one individual, instead, our laws must reflect the wishes of the overwhelming majority of Delawareans who support this fundamental right,” the bill's chief sponsor, Rep. Paul Baumbach, said in a prepared statement.

Baumbach, a Newark Democrat, said he has been in contact with Democratic leaders in the House and Senate, and that House Speaker Valerie Longhurst has already expressed support for a veto override. Any attempt at an override, however, could be complicated by the fact that Baumbach is retiring, and Longhurst lost a primary bid for reelection this month. Their terms end at midnight Nov. 5.

Senate Democratic leaders said they were “deeply disappointed” by Carney’s decision but vowed that doctor-assisted suicide will eventually become law in Delaware.

“Whether via a veto override in 2024 or via new legislation in 2025, there will come a day soon when this legislation becomes law, and Delawareans are afforded the respect and support they deserve in their final stages of life,” Senate majority leaders said in a prepared statement.

The bill Carney vetoed won final passage in June on an 11-10 vote in the Senate. That vote came after senators voted by that same margin to reconsider the legislation and rescind a vote taken the prior week in which the bill was defeated. Sen. Kyra Hoffner, a Smyrna-area Democrat and co-sponsor of the bill, cast the deciding vote after tearfully declining to vote the previous week.

Delaware Gov. John Carney speaks at an Amtrak facility in Bear, Del., Monday, Nov. 6, 2023. (AP Photo/Matt Rourke, File)

Republicans harshly criticized the measure, with Senate Minority Whip Brian Pettyjohn saying the bill suggests that “some lives are less worth living.”

Democrat Majority Leader Bryan Townsend countered that assisted suicide is not about “eliminating” terminally ill patients, but “empowering” them.

The Patients Rights Action Fund, an advocacy group opposed to assisted suicide, said Carney demonstrated a commitment to “protecting Delaware’s most vulnerable people, including people with disabilities, older adults, and historically underrepresented communities.”

“By vetoing this legislation, Governor Carney has reaffirmed the foundational principles of medical ethics, safeguarding people who might otherwise face pressure or coercion to end their lives due to external factors, such as economic challenges or societal discrimination,” the group said.

Currently, doctor-assisted suicide is legal in only 10 states, along with the District of Columbia.

The Delaware bill was the latest iteration of legislation repeatedly introduced by Baumbach since 2015, and the only version to make it to a floor vote.

The legislation would allow an adult resident of Delaware who is diagnosed with a terminal illness and expected to die within six months to request lethal prescription drugs from a doctor or an advanced- practice registered nurse who has primary responsibility for the terminal illness. A consulting physician or nurse would have to confirm the diagnosis and prognosis of the patient, who must have “decision-making capacity.”

The patient would have to be evaluated by a psychiatrist or a psychologist if any of the medical professionals was concerned that the patient lacks decision-making capacity. A person also would not qualify for doctor-assisted suicide solely because of age or disability.

The patient would have to make two oral requests for a lethal prescription, followed by a written request, and would have to wait at least 15 days after the initial request before receiving and self-administering the drugs. The attending doctor or nurse would have to wait at least 48 hours after the written request, which must be signed by two witnesses, before prescribing the drugs.

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