The right to die spreads in America
[Special thanks to Joel C. Dobris (Professor of Law, UC Davis School of Law) for bringing this article to my attention.]
Neurological diseases such as ALS are the second-most-common diagnosis for Americans who ask for a doctor’s help to die. Soon New York is expected to join the 12 other states (plus Washington, DC) where assisted dying is legal. In 2025 Delaware and Illinois approved assisted-dying laws. By the end of the year more than 30% of Americans will live in states where doctors can prescribe a fatal medication to terminally ill patients.
Lawmakers are catching up with public opinion. According to this article, slightly more than half of Americans believe that assisted suicide is morally acceptable. This share grows to two-thirds if the patient is in severe pain, has no chance of recovery and is asking for help to die.
The safeguards in America tend to be stricter than in some other Western countries that allow assisted dying. Canada and the Netherlands, for example, allow it in cases where patients are suffering from incurable pain, but are not terminally ill. American states, by contrast, tend to follow the model of Oregon, which was the first to legalise assisted dying in 1994. The terms of the debate have not changed much since then, says Geoff Sugerman, who led the Oregon campaign and still works on the issue with Death with Dignity, an NGO. “Our opponents are the same. The bill is essentially the same.”
Assisted-dying laws in America consistently require patients to have six months or less to live, and this diagnosis must be confirmed by two doctors. The patients must be mentally competent, request the medication and be able to take it themselves–rather than letting a doctor administer it. Relatively few people are thus eligible, and since some hospitals and doctors refuse to help, assisted suicide remains rare. In states where it is legal, it accounts for less than 1% of deaths, notes Elissa Kozlov of Rutgers University.
New York has added yet more guardrails. The patient’s mental fitness must be confirmed by a psychologist or psychiatrist, rather than by just any doctor. The patient’s request to die must be filmed, as well as being witnessed by two people. These extra elements were added during negotiations between legislators and Ms Hochul, a Catholic, who wanted the toughest safeguards in the country. Ms Hochul has promised to sign the bill once her proposed changes are passed by the statehouse. The law will take effect six months later.
For more information see “The right to die spreads in America,” The Economist, February 2, 2026.