Not Dead Yet Files Delaware Lawsuit To Overturn Assisted Suicide Law

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Not Dead Yet is proud to join Sean Curran and five other organizational plaintiffs
(Delaware ADAPT, Freedom Center for Independent Living, United Spinal Association,
National Council on Independent Living, Institute for Patients’ Rights) in a lawsuit
against health agencies in Delaware and their use of the End of Life Options Act
(EOLOA). Not Dead Yet opposes assisted suicide laws as blatantly discriminatory and
extremely dangerous. These laws treat disabled lives as not worth living and people
with disabilities as better off dead. It’s time the citizens of Delaware fought back.

Our lawsuit argues that implementation of Delaware’s assisted suicide law violates the
Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973.
Delaware health agencies do so by applying EOLOA and steering patients with certain
kinds of disabilities (namely, terminal illnesses) away from suicide prevention services
and towards assisted suicide. For example, health agencies fail to apply stringent
standards for suicide prevention in Delaware to patients with terminal illnesses and
instead – by offering them EOLOA – direct these patients to end their own lives. The
Americans with Disabilities Act and Rehabilitation Act are clear that this impermissibly
treats individuals differently solely on the basis of disability.

As the lawsuit explains, Delaware’s assisted suicide system effectively creates a “two-
track system” of care – one track for people with life-threatening disabilities and one
track for people without these disabilities. This two-track system is further entrenched by
a failure to pay for appropriate long-term care and palliative care services for all citizens
of Delaware. People who have been newly diagnosed with a life-threatening or
significant illness often struggle to make sense of their lives post-diagnosis, at least at
first. They also struggle to pay for the supports and services that will help them live
good lives. Insurance may in fact cover assisted suicide but not support services. In this
context, patients do not have a true “free choice” between living on and assisted
suicide.

We urge Delaware direct its resources to improve the lives of people with disabilities
instead of ending them. Delaware could, instead of advancing early death, advance
comprehensive palliative care coordination and improved access to payment programs
such as Medicare and Medicaid. Without these assurances and an end to assisted
suicide, we have no choice but to fight back in court. We unite today to fight for disabled
lives and disabled futures.

 

In Solidarity,

Kelly Israel

Interim Deputy Director

Not Dead Yet

 

BREAKING NEWS: Compassion and Choices Suffers Damaging Court Loss in New Jersey

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For some it may be unthinkable at any time of the year, let alone during the holiday season, that there is a cadre of relentless professional assisted suicide advocacy organizations seeking more efficient ways for people with disabilities to kill themselves during this national moment when Medicare, SNAP, and “streamlined” federal departments (i.e. HUD ) poised to present increased difficulties to for our country’s most vulnerable population to live as 2026 looms.

Against this harrowing backdrop, some great news: Our co-plaintiff’s sister organization, the Patients Rights Action Fund (PRAF), provided the following encouraging update:

 

“A federal appeals court has delivered a damaging blow to the Compassion and Choices lawsuit seeking to eliminate New Jersey’s requirement that only residents have ability to request lethal drugs under its assisted suicide law. The denial of this request upholds the decision by a district court judge earlier this year to maintain New Jersey’s residency requirement.

“New Jersey has sound reasons to limit this grave choice to its own residents,” Judge Stephanos Bibas wrote for the US Court of Appeals for the Third Circuit. “Protecting vulnerable patients and their doctors (not to mention avoiding friction with other states) justifies the residency requirement under any applicable test.”

Compassion and Choices has filed suit in Oregon, Vermont, Colorado and New Jersey to eliminate residency requirements. The Vermont and Oregon suits were made moot when their legislatures passed legislation to eliminate the requirements. The Colorado suit is in limbo as the main plaintiff is now deceased. Thus, the New Jersey decision is the clearest indication of judicial opinion on residency requirements, and this is a massive victory for medical professionals, disability advocates, and all vulnerable patients. 

Executive Director of PRAF, Matt Vallière, said “Big win today for vulnerable people in states where they are protected from the dangers and discrimination inherent to assisted suicide laws. The court, in ruling to maintain the New Jersey assisted suicide residency requirement, protects millions who live out of state from deadly harm.”

 

Absolutely.

 

In Solidarity,

Ian McIntosh

Executive Director

Not Dead Yet

 

December 3, 2025: International Day of Persons with Disabilities – Part 1.

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Today is the UN-recognized International Day of Persons with Disabilities with a theme of fostering disability inclusive societies for advancing social progress.

This year’s focus on disability inclusivity as the predicate for social development (including economics, employment, social service systems, etc.) feels practically defiant in view of (and certainly at odds with) several international developments this year regarding legalization and expansion of assisted suicide and euthanasia which, rather than promoting inclusivity, sanction elimination of disabled people from society.

Among them, and hot off the federal government presses, Health Canada just five days ago released the Sixth Annual Report on Medical Aid in Dying in Canada. In it, continued and increasing disturbing trends for nonterminal disabled Canadians showcase anything but a disability inclusive society that is advancing social progress.

The following are among the most harrowing storytelling statistics about the “Track 2” cohort — those who qualify for state-sanctioned assisted suicide or euthanasia whose death is not reasonably foreseeable, but who have a “serious and incurable illness, disease, or disability that causes intolerable suffering”:

– In 2024, 732 Canadians were given state-sanctioned assisted suicide and euthanasia under Track 2, a 17% increase since last year; a 56% increase to 2022’s figures; a 227% increase to 2021’s figures; and a nearly a net 4,000% increase since Track 2 deaths were reported in 2020 as 18 deaths. This is fast upward trendline.

– Of those Canadians receiving state-sanctioned assisted suicide or euthanasia in 2024, the percentage of those whose need and receipt of disability support services is “unknown” is uncomfortably high across provinces, with one province noting 42% of its recipients under this category. Though likely underreported, 151 people who received assisted deaths are noted as requiring but never receiving disability support services.

–  65 Canadians with nonterminal diseases or disabilities under the age of 55 were among the Track 2 assisted suicide / euthanasia deaths last year.

– 43% of Canadians with nonterminal diseases or disabilities who died under Track 2 in 2024 had had their diagnosis less than five years.

– 78.7% of Track 2 recipients of assisted suicide and euthanasia in Canada reported their nature of suffering which helped qualify them was a loss of independence.

– 85.1% of them reported their nature of suffering included an inability to perform activities of daily living.

– Half of those (50.3%) who died by assisted suicide or euthanasia under Track 2 perceived they were a burden on their family, friends, and caregivers.

– 44.7% said that their nature of suffering included isolation or loneliness.

The aforementioned statistics paint the bleak picture of our neighbor to the north, my country of origin, as running counterpoint to a disability inclusive society given that it has become chillingly normative for the government to report, as completely acceptable, that hundreds and hundreds of Canadians with nonterminal disabilities, who are stating that their lack of ability to perform activities of daily living is motivating their decision to kill themselves, scores of whom may need and not be receiving disability support services from the government, are being assisted in their suicide or actively euthanized each year. And this says nothing of the over 15,000 Track 1 deaths in Canada last year, the combination of which represented nearly 5% of all deaths in Canada last year.

Earlier this year, the UN cried foul on this tragic indifference of the Canadian government when the UN Committee on the Rights of Persons with Disabilities specifically called on Canadian government to repeal its Track 2 program, citing that the program is based on “negative, ableist perceptions of the quality and value of the life of persons with disabilities, including that ‘suffering’ is intrinsic to disability rather than the fact that inequality and discrimination cause and compound ‘suffering’ for persons with disabilities.” The Committee went on to note that the state party was enabling their deaths but not guaranteeing supports for their lives.

Taking it States side as we reflect here on how we in America can work toward a more disability-inclusive society — in contrast to the Canadian march to the opposite —  surely we can agree that we should both support more investments into robust disability support services and reject any state’s effort to rationalize state-sanctioned assisted death of disabled lives.

For the remainder of this year, during the holiday season no less and as a challenging 2026 looms, our attention must turn to New York and Illinois, toward Governor Kathy Hochul and Governor J.B. Pritzker and the eugenical assisted suicide bills that await our best efforts to stop them before they are allowed to endanger those states’ most vulnerable populations.

Part 2 to follow: Disability Rights Organizations Letter Urges Governor Hochul to Veto Assisted Suicide Bill.

 

In Solidarity,

Ian McIntosh

Executive Director

Not Dead Yet.

 

 

 

Announcement: In Memoriam: John Bryan Kelly (February 26, 1958 – November 14, 2025)

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Our incomparable disability rights champion, beloved colleague and friend.

 

It is with profound sadness that we announce the passing of NDY’s singularly dear colleague and incomparable disability rights champion, John Bryan Kelly, who passed away peacefully in Boston, this past Friday, November 14, 2025, at the age of 67.  In spite of battling an unrelenting infection in hospital since the latter part of September, John’s legendary spirit remained on display throughout, communicating in winks and smiles until his peaceful passing.

As Communications Director and previously as Regional Director for Not Dead Yet, as Executive Director for Second Thoughts Massachusetts, and as the Chair of Boston Disability Advisory Commission, John’s expert knowledge and unwavering  dedication to his work for disability rights motivated all who worked with or alongside him to do the same, and to keep going when the going got tough, which it often has.

 

With the Kelly family’s permission, a brief excerpt from the forthcoming obituary sheds more light on John’s life and legacy:

“In January of 1984 John had a sledding accident that left him a high quadriplegic for the rest of his life. In the coming years John became involved in disability rights issues in the Boston area where he lived…In 2012 the city of Boston and Mayor Thomas Menino declared July 26, 2012, John B. Kelly Day in the city of Boston, recognizing John for his ongoing efforts on behalf of the disabled community.”

Please see the following links for a glimpse into John’s brilliant witness:

John Kelly Doctor Prescribed Suicide

Disability Connection – July 2017

John Kelly discusses film “Me Before You” on Neighborhood Network News

Additional announcements will be made in conjunction with the Kelly family’s wishes about contributions to John’s legacy and we will share details about the upcoming memorial service to be held in January 2026 to celebrate the life – the incomparable life – of John Kelly, as we receive further information from the family.

 

John, you are irreplaceable and we will miss you more than words could ever say. In your honour, as in Diane’s before you, we will continue to lead on and will never, ever, give up this fight.

Our deepest condolences to the Kelly family, to John’s dear friends and cherished colleagues.

 

Sincerely,

Ian McIntosh

Executive Director

Not Dead Yet

ILLINOIS STEALTH ASSISTED SUICIDE BILL DRESSED AS FOOD PREPARATION BILL PASSES BY ONE VOTE

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The Illinois State Senate, just passed an assisted suicide bill, dressed as a food preparation bill, to make it easier for disabled people to die, not to live. In this worst possible national moment, Illinois proponents decided in the interest of vulnerable Illinoisans that now was the time to sneak an assisted suicide bill amendment inside of all things…a food bill.

In May, the Illinois House appears to have rewritten the entirety of an unrelated bill into an assisted suicide bill without ceremony. However, At 2:00 AM today, Halloween, the Illinois State Senate took up a so-called “food prep sanitation bill” that was really just a “costumed” assisted suicide bill that had stalled on its own steam earlier this year before being hidden as a House Amendment in a bill moving in the House, again avoiding discussion or debate on such a controversial, deadly bill.

So as 2026 portends cuts to SNAP and Medicaid; and the recent “reveal” of a “streamlined” HHS that many disabled fear will spell cuts to vital disability supports, services, and research, Illinois legislators were convinced it would be in the best interests of vulnerable Illinoisans to sneak an assisted suicide bill through for a vote on a food prep sanitation bill, not during the daylight hours, but in the dead of night.

If it wasn’t clear before, it should be clear by now: Proponents don’t want these bills to see the open, democratic light of day. Again, and over again, since 1997, over 400 assisted suicide bills (and expansion bills) have either been defeated or withdrawn, because the evidence is overwhelming that assisted suicide bills are dangerous and discriminatory. They are opposed by every national disability rights organization with a position on assisted suicide – and not one supports it.

This morning at 5:35AM, Barbara Lyons, Special Projects Coordinator of the Patients Rights Action Fund (PRAF), alerted that SB 1950, an amendment to the Sanitary Food Preparation Act, in the 104th General Assembly passed by one vote (with two not voting).

A brief rundown of The Sanitary Food Preparation Act amendments – in order – included:

  1. Senate Floor Amendment 1: Specifying additional requirements that must be complied with by meal kit and ready-to-eat meal distribution facilities.
  2. Senate Floor Amendment 2: Provisions for local health departments to assess fees for inspections it conducts at meal kit and ready-to-eat meal distribution facilities…with certain requirements.
  3. HOUSE FLOOR AMENDMENT 1: Adds reference to: NEW ACT:

Replaces everything after the enacting clause. Creates the End-of-Life Options for Terminally Ill Patients Act. Provides that the Act may be referred to as Deb’s Law.

 

Clearly – if this is how they advocate for bills to be passed – what proponents mean by autonomy and what we mean by autonomy are diametrically opposed. That is, for autonomy to be authentic, all information associated with a choice must be transparent, reliable, and obvious. We go a step further. We believe that matters of healthcare policy should be transparent and verifiable in process and accessible to all without the need for disguise or surprise hearings.

Those are not the markers of good faith healthcare policymaking that sufficiently inform the public. Those are the markers of a bill that needs to hide to creep into passage precisely because overwhelmingly compelling arguments supported by transparent and verifiable evidence, in the light of day and under necessary scrutiny, rightly reject it over and over and over again.

We thank the diligent work of advocates in Illinois’ strong and industrious coalition. Particularly, Access Living, Illinois’ constant disability rights champion, fighting for access to the gold standard of healthcare in inclusive, robust communities for all.

We urge everyone in Illinois to contact Governor JB Pritzker to tell him to veto SB 1950, this dangerous bill which will put vulnerable Illinoisians at grave risk.  We urge non-residents of the state to contact their Illinois partners, affiliates, and friends and to urge them to contact Governor Pritzker.

Governor Pritzker’s office contact information below:

Constituent Affairs Help Line:  217-782-0244

For hearing impaired (TTY): 888-261-3336

Springfield: Office of the Governor
401 S. Spring St.
Springfield, IL 62704

Phone: 217-782-6830 or 217-782-6831

Chicago: Office of the Governor
555 W. Monroe St., 16th Floor
Chicago, IL 60661

Phone: 312-814-2121 or 312-814-2122

 

In solidarity,

Ian McIntosh

Executive Director

Not Dead Yet