A controversial practice known as medical aid in dying, has been legal in New Jersey for the last five years, helping people to end their lives.

After receiving a terminal diagnosis, but only if they're a resident here.

Well, now there's a fight to lose that requirement.

Following in the footsteps of states like Vermont and Oregon, which would make medical aid and dying available to millions of more people.

Both the promise and the problem, depending on who you ask.

Senior correspondent Brenda Flanagan has the story.

Dying.

Everybody's going to die.

It would be nice to have some some guide rails along the line.

Cancer survivor Judy Virus wants to plan a peaceful death using New Jersey's medical aid and dying law.

It lets terminally ill patients choose to end their lives with prescription drugs under a doctor's supervision.

Govatos envisions a peaceful end if her cancer returns a third time.

No more ravaging chemo.

I'd like soft pillows.

A blanket I'm particularly fond of.

Some really lovely music, some poetry.

A few very close friends.

A glass of wine.

And to say goodbye I know I love you to say goodbye.

And I love you.

But the 80 year old grandmother lives in Delaware, where medical aid and dying is considered assisted suicide, a felony, and New Jersey's law applies only to state residents.

Sogavare also joined a group that sued, calling New Jersey's residency requirement unconstitutional.

But the judge disagreed and dismissed their case, continuing the ban on out-of-state patients who often request help from Doctor Paul Bryman.

They'd like nothing better than to not be terminally ill and dying, but they feel that their suffering is insurmountable, and ending their suffering is their goal and their choice.

Under New Jersey law, we need to tell them that they're not eligible unless they change their residency to the state of new Jersey.

The Camden physician treats hospice patients.

He joined governors in her lawsuit to abolish Jersey's residency requirement, and doesn't expect it would trigger a rush of patients to new Jersey.

The number of people is is small, and in other states where this is legal in Vermont and Oregon, it's a handful of people.

It's not people rushing in droves, but it's their choice.

But Federal Court Judge Marie Bum wrote, at its core, the issue is whether the Constitution requires the state to extend to nonresidents a non fundamental privilege that it affords to its own residents.

Notwithstanding a terminally ill person's genuine desire to access medical aid in dying, this court concludes that the answer is no.

The Constitution does not.

So require.

Advocates are appealing.

We wish that the judge had seen things our way.

We feel confident that the appellate court will take a look with fresh eyes and, we're hopeful that they'll recognize that medical aid and dying in new Jersey is an established medical practice that fits within the standard of care.

Attorney Amitai Heller feels the state's taking a hypocritical stance.

Would New Jersey deny access to abortion care for an out-of-state resident?

And and if not, why should medical aid in dying be any different?

The reason I'm doing this is I, I want I want to be a part of changing the culture around death because people really are suffering needlessly.

About 100 new Jersey residents opted for medical aid in dying last year.

Govatos said if New Jersey won't let her opt in, she'll travel to Vermont when the time comes.

I'm Brenda Flanagan, NJ Spotlight News.