Judge refuses to block Illinois assisted suicide law.

Alex Schadenberg
Executive Director, Euthanasia Prevention Coalition

A federal judge, on September 10, denied the request from disability rights advocates’ to block the Illinois assisted suicide law from going into effect on September 12.

Jeremy Gorner reported for the Chicago Tribune on September 10 that:

The ruling came in a federal lawsuit filed earlier this year by two disabled patients, a doctor and several disability and patients’ rights organizations. They allege the state’s End-of-Life Options for Terminally Ill Patients Act violates the Americans with Disabilities Act, which bars discrimination against people with disabilities; the Affordable Care Act, which regulates healthcare costs; and the plaintiffs’ equal protection under the 14th Amendment of the U.S. Constitution.

But in his 25-page decision, U.S. District Judge John J. Tharp rejected at least one of the plaintiffs’ arguments calling for a preliminary injunction to put the law on hold, disagreeing that doctors “will start inviting disabled patients to consider medical aid in dying” once the law takes effect.

On December 12, 2025 Illinois Governor JB Pritzker signed assisted suicide bill SB 9 into law. The Illinois assisted suicide law is scheduled to go into effect later this week, on September 12, 2026.

We reported on September 9 that Hannah Meisel reported for Capital News Illinois on September 8 that disability rights organizations, on September 5, petitioned a federal judge to block the implementation of the Illinois assisted suicide law based on how the law contravenes the Americans with Disabilities Act, and is discriminatory against disabled people, who are more susceptible to physician bias and therefore coercion to end their life.

Gorner also reported that Tharp questioned the standing of the plaintiffs in the case.

As referenced in Tharp’s decision, one of the plaintiffs — a quadriplegic woman named Ebony Payne who is paralyzed from the neck down and has repeatedly been in serious life-threatening situations in hospitals — contended that for disabled people the law “removes the legal and ethical obligation of doctors” to act solely as healers by allowing them to respond to requests about procedures related to medical aid in dying. But the judge argued the plaintiff has not shown that she is a “qualified patient” under the law. 

The judge also noted Payne did not explain “why she is necessarily harmed” by the law if she does not seek a medical-aid-in-dying method “or the physician is in any event unwilling to provide such assistance.”

The Illinois assisted suicide law will go into effect on September 12. Tharp gave the plaintiffs 30 days to appeal the decision.

Assisted suicide laws give medical professionals the right in law to prescribe lethal poison for the purpose of suicide. The Illinois assisted suicide law is designed to make it impossible to prosecute a medical professional who assists a suicide, even in the most egregious cases.