DOVER — The tumultuous path of Delaware’s attempt to establish a medical-aid-in-dying law – also referred to as “physician-assisted suicide” – came to a halt Friday afternoon after Gov. John Carney vetoed the measure despite its passage through the General Assembly.
In his veto statement, the governor said he has consistently opposed the legislation – which was led by retiring Rep. Paul Baumbach, D-Newark, for over a decade – while acknowledging the topic is a personal issue for many.
“Over the past several years, I have listened to legislators, advocates and constituents who have reached out to me and my team to share their views. I also followed the action of the Delaware General Assembly, where this legislation passed by just one vote in the House and the Senate,” Gov. Carney said.
“I appreciate the thoughtful consideration of the legislation and recognize that the bill’s sponsors made compromises and attempts to limit abuse and protect vulnerable patients.
“I still don’t believe a firm consensus has been reached on what is a very difficult issue— in Delaware or nationally.”
House Bill 140 would allow a terminally ill individual who is an adult resident of Delaware to request and self-administer medication to end their life in a humane and dignified way.
To receive the medication to carry out the practice, all 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 he or she has decision-making capacity, is making an informed decision and is acting voluntarily.
After years of attempts to get the legislation through both chambers of the General Assembly, House Bill 140 made its way to the governor’s desk for the first time this year.
It passed the House of Representatives by a vote of 21 yes, 16 no and four absent April 18 and made its way to the Senate floor June 20.
On that day, the Senate’s vote resulted in a gridlock after emotional testimony and debate from both sides of the aisle. The roll call tallied nine for and nine against, with one not voting and two absent.
On June 25, it passed the Senate by an 11-10 vote once senators rescinded the initial vote.
Speaking with Daily State News Friday, Rep. Baumbach pushed back on the governor’s veto statement, specifically, a portion which stated the “American Medical Association reaffirmed its view that the physician-assisted suicide is ‘fundamentally incompatible with the physician’s role as a healer.’”
The Newark Democrat said Gov. Carney “misunderstood or misstated” the association’s position, since the organization did not take an official stance on the procedure. Rep. Baumbach said the association commissioned two subgroups to analyze the practice – one for and one against – and the governor focused on the takeaways from those opposed to medical aid in dying/physician-assisted suicide.
“He only looked at the group in opposition, and he refused to see or share the views of the other AMA group, so that kind of carelessness for something as important as dying Delawareans is pretty distinct,” Rep. Baumbach said.
“However, I know that … Democratic leadership in the House and … Senate have had sitdowns with him and have explained how inadvisable it is for him to disregard 70% of the state, and to really abandon Delawareans as they’re dying, and yet he persisted.”
In the veto statement, Gov. Carney said, while he understands not everyone shares his views, he is “fundamentally and morally opposed to state law enabling someone, even under tragic and painful circumstances, to take their own life.”
It is the second piece of legislation led by Rep. Baumbach that the term-limited governor vetoed this year. The first occasion was House Bill 282, which altered the State Employee Benefits Committee’s membership and was subsequently overridden by the legislature during the final days of the 2024 legislative session in June.
Gov. Carney’s decision marks the 10th time he has vetoed a bill sent to his desk by the General Assembly.
The retiring Newark Democrat led the medical-aid-in-dying effort for more than a decade; House Bill 140, known as The Ron Silverio/Heather Block End-of-Life Options Law, honors two terminally ill advocates for medical aid in dying who passed away while awaiting legal end-of-life options from the Delaware General Assembly.
Rep. Baumbach said Friday that, while the governor is personally opposed to the measure, he hoped Gov. Carney would – like former Gov. Tom Carper’s decision on legalized gambling – allow the measure to become law without vetoing the measure.
While he was hopeful the legislation could garner more support if brought back when the legislature returns in January 2025, Rep. Baumbach – who referenced Senate Majority Leader Bryan Townsend, D-Newark, as one of the lawmakers to continue his efforts – was not quite ready to look that far into the future despite the governor’s veto.
“We have not abandoned the possibility of (attempting) to override the veto,” Rep. Baumbach said.
“I’ve spoken with both (Speaker of the House Valerie Longhurst) and (Senate President Pro Tempore Dave Sokola) today on that topic. But as far as 2025, if we do not get this turned into law this year, we already know that in the Senate, Sen. Townsend took the lead and was masterful in the Senate, both in committee and on the Senate floor twice. So I would expect him to continue (to do so).”
To override Gov. Carney’s veto, the General Assembly would need to be called into special session and a vote on the override would require a three-fifths majority in the House and Senate.
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