[US] Texas AG Threatens Seattle Hospital With Jail Unless It Provides Trans Patient Data
[US] Texas AG Threatens Seattle Hospital With Jail Unless It Provides Trans Patient Data
Attorney General Ken Paxton has sent a civil investigative demand to Seattle Children's Hospital, demanding data on all Texas patients traveling for care, despite having no jurisdiction there.
Excerpts:
"Seattle responded to the request by filing a lawsuit in Travis County, stating they cannot comply because Texas has no jurisdiction in Washington State, and no care was provided by the hospital in Texas. They also point out that the Dormant Commerce Clause, protected by the United States Constitution, “protects the right to interstate travel, including to obtain healthcare services.” By targeting out-of-state hospitals for enforcement of laws that only apply within the jurisdiction of Texas, they “discriminate against healthcare based on an interstate element,” violating constitutional protections, according to the legal filing. Lastly, Seattle Children’s Hospital cannot comply due to a shield law passed by Washington State. This law bars the hospital from providing any patient data and from responding to subpoenas pursuant to “protected healthcare services” obtained within the jurisdiction of Washington. Protected healthcare services include abortion, reproductive care, and gender-affirming care."
"This case promises to be extraordinarily complex. Seattle Children’s Hospital is challenging the jurisdiction of the demands directly in a Texas state court. Regardless of what the local court decides, the claims are likely to go to the Texas Supreme Court. Given that the claims also have a time limit on them and that appeals in Texas automatically favor the attorney general due to an automatic lifting of stays in the state, Seattle Children’s Hospital workers and providers for trans patients from Texas could be under legal jeopardy. Ultimately, the case presents questions of conflicting state laws and regulation of conduct across state lines, and the implications of those laws could be dire for abortion and trans care nationwide."
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This case promises to be extraordinarily complex.
It really shouldn't be complex at all. It should be extremely simple: Is Seattle within the jurisdiction of the Texas AG or not?
I guess the issue is that they have to convince a Texas court of that, instead of some kind of reasonable judge.
Until it gets kicked up to federal court, at which point a judge will laugh Texas out of the courtroom. This is a huge waste of time that will achieve nothing.
"This is a huge waste of time that will achieve nothing."
That's the GOPs entire platform.
Obfuscate, obstruct, oppress.
Sadly true.
I hate how true this is
Texas is under the 5th circuit.
Judges there are often just as insane as their lower court brethren. Fully by design.
It's achieves political objectives for the Texas AG.
And then it goes to the Supreme Court, where a majority of the justices have already been bought and paid for well in advance
I doubt the Supreme Court would go for this since it would also mean that the Washington AG could demand something from a Texas hospital. Or any state from any other state. It's because they're bought and paid for that they wouldn't do something that would jeopardize their own paymasters' positions like that.
Yup. Liberal states are tired of this shit and will use the precedent
Bah. That's the one thing that always seems to never happen. 'Civilized' places always seem to take the high road and never hit back.
They're crazy, but even they won't fuck with interstate commerce.
The confederate states split from the union because they wanted the federal government to force free states to return escaped slaves, effectively enforcing the laws of one state on the residents of another. We are reenacting the events that led to the first Civil War.
This is spot on. This hadn't even occurred to me.
the fact of trans people being involved has the effect of making anything complicated, apparently. It's just sooooo complicated to checks notes allow us the same rights and protections as anyone else. But oh hey someone's building a database of trans people while passing a bunch of anti-trans legislation? Hold on now it's complicated he may have a point.
And, of course, it's only trans people for now. If they can build a database of people getting gender-affirming care, they can build a database of people getting any other sort of medical care. For example, care for HIV or sickle cell anemia or Tay Sachs. And then there's the ability to make a database of women getting legal abortions, certain forms of birth control or IVF treatments. Awfully convenient way to keep track of 'problem' members of society, isn't it?