Hughes Justice Complex, Trenton

An appellate court on Tuesday overturned the temporary order issued by a Superior Court judge earlier this month halting implementation of New Jersey's Medical Aid-in-Dying for the Terminally Ill Act, and the state Supreme Court affirmed the decision the same day.

The Appellate Division's ruling came down just before 9 a.m. Tuesday, and it reinstates the law, effective immediately, to allow adult, in-state, terminally ill residents to legally request and self-administer medication to end their lives.

"In light of the significance of the issues raised by the parties, and the need for a prompt and considered resolution, we agreed to consider defendant's motion for leave to appeal on an expedited basis and requested expedited briefing. Having reviewed the record against the applicable law, we conclude the court abused its discretion in awarding preliminary injunctive relief because plaintiff failed to satisfy the standard enunciated in Crowe v. De Gioia," the Appellate Division said in an order signed by Judge Arnold Natali. "Accordingly, we dissolve the restraints issued pursuant to the August 14, 2019 order."

Hours later, the New Jersey Administrative Office of the Courts circulated a state Supreme Court order affirming the Appellate Division in Glassman v. Gurbir Singh Grewal, Attorney General of the State of New Jersey.

"The court finds the plaintiff fails to satisfy the requirements for emergence relief. See Crowe v. DeGioia, 90 N.J. 126 (1982). The application is therefore denied," the order said.

Leland Moore, a spokesman for Attorney General Gurbir Grewal's office, said his office had no comment.

The plaintiff's counsel, Richard W. Grohmann, senior counsel at Bloomfield-based Smith & Associates, who worked with colleague E. David Smith on the case, said in a phone call, "We are disappointed with the Supreme Court ruling. Nevertheless, respect it."

He added, "I think the [trial] court knew where we were coming from. It's just the Appellate Division and then the Supreme Court believed the trial court was in error in issuing the temporary restraining order.

"Obviously, we agreed with the trial judge's decision in issuing the restraint," Grohmann added. "Case law can be interrupted in a number of ways. Personally, what I would like to see is New Jersey's Supreme Court ultimately speak to the constitutionality of the Aid in Dying law, because our position is it is unconstitutional."

Smith is representing Bergen County physician Yosef Glassman in his lawsuit to have the controversial Medical Aid in Dying for the Terminally Ill Act in New Jersey temporarily suspended.

On Aug. 14, Mercer County Superior Court Judge Paul Innes granted a temporary injunction after the law was in effect for only two weeks.

The state Attorney General's Office sought appellate review, contending that the injunction harmed patients and families relying on the law.

Smith, on behalf of Glassman, criticized the new law as creating a new category of individuals "that were not worthy of life," as he stated during a State House news conference Aug. 19, according to reports. "This is the line that our client wants to hold—that we do treat every life as precious, that there is always hope," Smith said then. "No matter what you're experiencing, no matter where you are, there is always hope."

Some attorneys watching the case said Tuesday's development was not surprising.

"The complaint in the case alleges that the irreparable harm would come about because it would 'compel' unwilling physicians to participate in the 'self-infliction of death,'" said John Rue, a principal at John Rue & Associates in Sparta Township. "The plaintiff alleges that his religious beliefs preclude him from doing so.

"On the other hand, the state made a pretty good argument that it has protected the rights to object by N.J.S.A. 26:16-17, which provides immunity from liability (including professional sanction) for anyone who 'refuses to take action in furtherance of' the conduct permitted by the statute," added Rue, a disability rights and special education attorney.

Judson M. Stein, chair of trusts, estates and wealth management group at Genova Burns in Newark, had predicted that the law would be reinstated.

"In the end, the courts will uphold New Jersey's citizens 'Aid in Dying' Law," Stein said in an email prior to Tuesday's rulings. "There are other states that have already adopted these laws, so it is no longer groundbreaking territory and should not be treated as such."

Gov. Phil Murphy signed the legislation into law last April, making New Jersey the eighth jurisdiction in the country to allow terminally ill, adult patients with less than six months to live to end their own lives. New Jersey joined Oregon, Washington, the District of Columbia, Vermont, California, Colorado and Hawaii. The law became effective Aug. 1, but a mandatory waiting period made Aug. 16 the first date that drugs would be available. Innes issued the injunction Aug. 14. The order was to delay any voluntary patient deaths until at least the next court hearing in late October.

In New Jersey, the act aims to provide a defined and safeguarded process, while also serving as a guide to health care providers and patient advocates and preventing abuse of the law. It requires physicians to maintain extensive records. The law permits such treatments only for New Jersey residents who can prove their residence.

The act also differentiates the permitted care from—and continues to prohibit—assisted suicide, a second-degree crime in the state.

Assemblyman John Burzichelli, D-Gloucester, a sponsor of the aid-in-dying law who spent years refining it, praised Tuesday's ruling by the courts.

Burzichelli said in a statement that the decision "upholds the thorough work of the legislature in crafting this law. I also thank the state Attorney General's Office for its swift and continued advocacy.

"Let's be clear; physician participation is voluntary," Burzichelli added. "It is my belief, under the law, it is the absolute right of a qualified terminally-ill patient to seek relief and to have their medical records transferred for any reason and under any circumstance.

"Ultimately, New Jersey remains steadfast in its commitment to treating citizens with dignity and respect. I take heart that people deeply affected by the slowed enactment of this law have their right to relief reinstated," he said.