DOVER — The Delaware General Assembly will not hold a special session to attempt an override of Gov. John Carney’s veto of the hotly debated medical aid in dying bill.
The announcement was made Friday by Speaker of the House Valerie Longhurst, D-Bear, who noted that, while she remains fully supportive of House Bill 140, the necessary votes to override a veto are not present in the House of Representatives or the Senate.
“I know this is not the outcome many of us had hoped for - especially the bill's sponsor, Rep. Paul Baumbach, and the advocates who have dedicated more than a decade to seeing this legislation through,” Speaker Longhurst said in a statement.
“However, I’m optimistic that the 153rd General Assembly will be able to build on the progress made this year and ultimately see this policy become law in 2025.”
Under House Bill 140, terminally ill Delawareans would be allowed to request and self-administer medication to end their life in a “humane and dignified” way.
In order to receive the medication, each of the patient’s attending physicians or attending advanced-practice registered nurses, as well as a consulting physician or qualified nurse practitioner, must agree on the individual’s diagnosis and prognosis and believe they have decision-making capacity, is making an informed decision and is acting voluntarily.
For over a decade, Rep. Paul Baumbach, D-Newark, had led the legislation throughout its consideration in the General Assembly.
If it became law this year, Delaware would have joined 10 states and Washington D.C. as jurisdictions to allow terminally-ill patients to request an end to their suffering.
The possibility of a successful veto override had appeared slim considering its path through the General Assembly this year; after not garnering enough support during its first vote, House Bill 140 passed by an 11-10 margin in the Senate on June 25.
When the bill was considered on the House floor April 18, it passed by a 21-16 vote with four lawmakers absent.
Since a veto override requires three-fifths support in each chamber, a successful overturn of Gov. Carney’s veto would have needed 13 votes in the Senate and 25 votes in the House.
In the House, House Bill 140 was not voted along party lines as Rep. Kevin Hensley, R-Townsend, was the lone Republican to support the measure – citing his mother’s request for the treatment before her passing early this year – and was opposed by Democrats Rep. Franklin Cooke of New Castle and Rep. Sean Matthews of Brandywine.
It is unclear how the absent lawmakers – Rep. Stephanie T. Bolden, D-Wilmington; Rep. Nnamdi Chukwuocha, D-Wilmington; Rep. Sherry Dorsey Walker, D-Wilmington; and Rep. Debra Heffernan, D-Bellefonte – would have voted on the legislation, though when the bill was in committee, Rep. Chukwuocha stated that he was hesitant to support the legislation due to his religious beliefs.
The Senate’s vote saw opposition from the full Republican caucus and four Democrats: Sen. Darius Brown, D-Wilmington; Sen. Spiros Mantzavinos, D-Elsmere; Sen. Nicole Poore, D-New Castle; and Sen. Jack Walsh, D-Stanton.
While two of these lawmakers would have had to switch their vote to override Gov. Carney’s veto, it appeared unlikely. Sen. Poore, Sen. Mantzavinos and Sen. Walsh each delivered passionate testimony explaining their opposition when the bill was considered in the Senate twice in June.
Advocates and supporters of the legislation – including Rep. Baumbach – are hopeful for what next year’s legislative session could mean for the legislation.
While next year’s General Assembly will welcome new faces in both chambers, the governor’s race will directly impact whether the bill can become law in 2025.
Republican candidate for governor House Minority Leader Mike Ramone opposed the legislation when it was considered on the House floor this year, but supported amendments he “saw necessary to prevent the abuse of such procedures.”
In a statement, Rep. Ramone said he would have vetoed the legislation just as Gov. Carney did.
“I believe that this is an option that should only be utilized by those in hospice care whose quality of life is irreparable,” he said. “I believe that medical professionals have a responsibility to save lives, not take them and as governor I will work with lawmakers and doctors to ensure all Delawareans have an improved quality of life.”
After term-limited Gov. Carney vetoed the legislation Sept. 20, Democratic gubernatorial candidate New Castle County Executive Matt Meyer released a statement in support of enacting medical aid in dying into law.
“I stand with those who support medical autonomy and the right to die with dignity and, if elected, will make this law,” he said. “We must continue together to champion policies that respect the personal freedoms of all Delawareans.”
A poll conducted by the University of Delaware Center for Political Communication from Sept. 11 to 19, which analyzed voters’ preferences in statewide races in the Nov. 5 general election, showed that 51% of voters support Mr. Meyer and over 32% of voters backed Rep. Ramone. Nearly 17% of voters were undecided
Local News
