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Robert Lougy in June 2016, when he was acting attorney general, at NJ Senate Judiciary hearing. Robert Lougy in June 2016, when he was acting attorney general, at NJ Senate Judiciary hearing.

On April 1, Judge Robert Lougy, after some procedural maneuvering, dismissed a state constitutional challenge to the recent Medical Aid in Dying for the Terminally Ill Act. Peyton v. Grewal, MER-C-63-19.

The act was attacked as a violation of, among other things, article I, para. I of our state Constitution. This provision is the font of our constitutional due process, equal protection and privacy doctrines. But the court held, in a detailed opinion, that the physician-plaintiff and others did not have standing, even under our Supreme Court’s relatively-relaxed doctrine, to bring the claim and, nevertheless, that the complaint did not state a claim on the merits. We expect that this type of case will go up the appellate ladder.

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