As in many prior legislative sessions, Montana is again considering legislation that would negate the state supreme court ruling in Baxter that authorized medical aid in dying in 2009. L.C. 4194 would amend the relevant statute to provide that "physician aid in dying is against public policy, and a patient's consent to physician aid in dying is not a defense to a charge of homicide against the aiding physician."
Similarly, many expect the Republican Congress to repeat prior efforts to repeal the Washington, DC MAID law through provisions in a federal appropriations bill. As recently as mid-2024, legislation would "repeal the Death with Dignity Act of 2016 and prohibit the D.C. Council from passing laws related to physician-assisted suicide in the future."
Beyond Montana and DC, some expect that the Trump administration might repeat a move attempted by the Bush administration: contend that MAID in all states violates the federal Controlled Substances Act. While the U.S. Supreme Court thwarted that attempt in 2006, today's court might rule differently.
Meanwhile, the U.S. Court of Appeals for the Ninth Circuit is looking at March 2025 oral arguments in United Spinal Association, et al. v. State of California, No. 24-2751. The plaintiffs contend that the California End of Life Option Act violates the Americans with Disabilities Act and some other federal laws.
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| Montana Sen. Glimm |
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