Governor Carney Vetoes Assisted Suicide Measure

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Governor John Carney has vetoed House Bill 140, which would have permitted a terminally ill adult individual who is a resident of the First State the option to request and self-administer medication to end that individual’s live in a humane and dignified manner. Delaware Senate leadership is disappointed in the Governor’s veto of the measure and say his statement expressed his personal misgivings while “selectively quoting just one side of the debate within the American Medical Association community.” Representative Paul Baumbach, the sponsor of HB 140, was also disappointed by the Governor’s veto.

Rep. Paul Baumbach issued the following statement Friday:
“I am profoundly disappointed by the outgoing Governor’s decision to veto HB 140, a bill that would give terminally ill adults the right to make their own decisions about their final days without government intervention. 
 
“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. What disappoints me most is that Governor Carney inserts his personal views above those of the hundreds of thousands of Delawareans he represents.
 
“We have worked on this legislation in good faith for over a decade, taking great care to ensure HB 140 includes the necessary safeguards and protections for all involved, protections that have proved effective in states across the country where this is legal, including New Jersey. 
 
“During that time, numerous advocates, including Ron Silverio and Heather Block, dedicated their last months to advocating for this legislation, and tragically passed without this basic end of life option. But we still have the chance to ensure that in the future, terminally ill patients have the freedom to decide what the end of their life will look like, guided by their own values and wishes, not by government restrictions.
“While this veto is a setback, we have overcome setbacks like this for a decade, and I will continue to fight for the rights of those confronting terminal prognoses to make their own choices about their life, their suffering, and their final moments. To determine next steps, I am in communication with House and Senate Democratic Leadership, all six of whom have been fully supportive of HB 140. I am particularly grateful to Speaker Longhurst, who has already voiced her support for a veto override.”
In response to Governor Carney’s decision to veto House Bill 140, Senate President Pro Tempore Dave Sokola, Senate Majority Leader Bryan Townsend, and Senate Majority Whip Elizabeth “Tizzy” Lockman issued a joint statement:  
We are deeply disappointed with Governor Carney’s decision to veto House Bill 140, legislation that would give informed adults experiencing the final stages of a terminal illness the option to seek medical assistance that would end their pain and suffering in a humane, dignified, and regulated manner.  
 
This bill addresses the complex needs of Delawareans during what is often the most challenging and delicate time in their lives. HB 140 was crafted diligently by our retiring colleague Rep. Paul Baumbach, who spent nearly a decade thoughtfully working with advocates and experts to develop strong safeguards and protections around this life-and-death matter. The final legislation that passed both chambers restricts eligibility to a narrow population of Delawareans who would otherwise suffer needlessly without the compassionate relief that this bill provides. We applaud Rep. Baumbach’s dedication to ensuring his legislation would bring comfort to Delaware families during their most trying times. 
 
We contrast Rep. Baumbach’s admirable, comprehensive approach with Governor Carney’s veto statement, in which the Governor expressed his personal misgivings while selectively quoting just one side of the debate within the American Medical Association community.  The AMA had established multiple sub-groups to discuss and debate the increasingly popular framework of end-of-life options and yet Governor Carney selectively quoted the only AMA sub-group that opposed this framework. Medical practitioners increasingly support this legislation, as the Senate heard very clearly from the Delaware Nurses Association and Delaware hospice providers, as well as the group within the AMA that Governor Carney chose to disregard entirely. 
 
While we are frustrated with Governor Carney’s decision to veto House Bill 140 and paint an incomplete picture of such a profound issue, we know our feelings on the matter in no way match the disappointment and pain of the terminally ill patients and their families who hoped to have greater autonomy over their final health care decisions with this legislation. 
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. We are hopeful that the next Governor will embrace a renewed commitment of collaboration and partnership between Delaware’s executive and legislative branch and the broader community of stakeholders, so together we can do more to help Delawareans and respect their individual choices and liberties in all phases of their lives.  
 

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