Friday, May 23, 2025

Residency Requirements in Medical Aid in Dying Laws - Fourth Federal Lawsuit

Plaintiffs just filed the fourth federal lawsuit challenging state residency requirements in medical aid in dying statutes. Colorado physicians and patients seeking MAID in Colorado just sued a number of state officials. McComas v. Polis, No. 25-cv-1618 (D. Colo. filed April 22, 2025).  

Plaintiffs claim the residency requirement violates three parts of the U.S. Constitution: (1) the Privileges & Immunities Clause, (2) the Dormant Commerce Clause, and (3) the Equal Protection Clause.

Similar suits in Oregon and Vermont were settled and the statutes were amended to remove the residency requirement. A suit in New Jersey has been briefed and is pending in the U.S. Court of Appeals for the Third Circuit.

Jeff McComas


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