Assisted suicide lobby launches court case to force Colorado to permit suicide tourism.

Alex Schadenberg
Executive Director, Euthanasia Prevention Coalition

On May 22, the assisted suicide lobby filed a federal lawsuit on behalf of Jeff McComas and two Colorado physicians challenging the state assisted suicide law residency requirement. 

The complaint argued that the Colorado assisted suicide law residency requirement violates the U.S. Constitution’s Privileges and Immunities Clause which “prohibits State officials from restricting non-resident visitors’ access to medical care within its borders absent a substantial State interest and restrictions narrowly tailored to those interests.”

The assisted suicide lobby made the same arguments in Oregon, Vermont and New Jersey. Oregon and Vermont subsequently removed their state assisted suicide law residency requirement whereas New Jersey has successfully defended their state assisted suicide law residency requirement in the court.

Jeff McComas's rights are not being infringed by Colorado's assisted suicide law that limits lethal poison prescriptions to state residents.

First: Oregon and Vermont will assist the suicide of out-of-state residents. McComas has access to assisted suicide in Oregon and Vermont, therefore his constitutional rights are not being violated.

Second: Assisted suicide is not a form of medical treatment or care therefore the Privileges and Immunities Clause does not apply to assisted suicide.

Colorado legalized assisted suicide by passing Proposition 106 during the November 2016 election. In 2024, Colorado passed Senate Bill 24-068 expanding their assisted suicide law by: 

• allowing advanced practice registered nurses to approve and prescribe lethal poison, 
• reducing the waiting period from 15 days to 7 days, and
• allowing doctors or advanced practise registered nurse to waive the waiting period if the person is near to death.

The original version of SB 24-068 allowed non-residents to die by assisted suicide in Colorado but this amendment was rejected by legislators.

The 2024 Colorado assisted suicide report indicated that there were 510 lethal poison prescriptions written in 2024 up by 28% from 398 in 2023. 18 of the lethal poison prescriptions were based on the person having an eating disorder.