Posted on August 19, 2019 at 11:06 AM
Joseph Glassman is a practicing Orthodox Jewish physician. Earlier this month, he sued the Attorney General of New Jersey to enjoin the New Jersey Medical Aid in Dying for the Terminally Ill Act, which became effective on August 1, 2019.
Glassman asserts ten causes of action, making a wide range of constitutional and preemption claims, most of which seem frivolous. Among these:
1. Equal protection – by not mandating uniformity in the drugs used
2. First Amendment – by compelling non-participating physicians to transfer records to participating physicians
3. Preemption – by allowing transfer of unused drugs in manners contrary to federal law
The law is currently enjoined pending a hearing in October 2019. Like the still-ongoing litigation in Riverside, California, this challenge will create disruption and uncertainty in implementation, even if ultimately unsuccessful.