this post was submitted on 31 Dec 2023

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626

[US] Texas AG Threatens Seattle Hospital With Jail Unless It Provides Trans Patient Data (www.erininthemorning.com)

submitted 2 years ago by jennwiththesea@lemmy.world to c/news@lemmy.world

155 comments fedilink hide all child comments

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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[–] FlyingSquid@lemmy.world 80 points 2 years ago (4 children)

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.

[–] Tom_Hanx_Hail_Satan@lemmy.ca 99 points 2 years ago (3 children)

"This is a huge waste of time that will achieve nothing."

That's the GOPs entire platform.

[–] postmateDumbass@lemmy.world 21 points 2 years ago

Obfuscate, obstruct, oppress.

[–] FlyingSquid@lemmy.world 11 points 2 years ago

Sadly true.

[–] billwashere@lemmy.world 3 points 2 years ago

I hate how true this is

[–] chaogomu@kbin.social 26 points 2 years ago

Texas is under the 5th circuit.

Judges there are often just as insane as their lower court brethren. Fully by design.

[–] ultranaut@lemmy.world 21 points 2 years ago

It's achieves political objectives for the Texas AG.

[–] Cqrd@lemmy.dbzer0.com 15 points 2 years ago* (last edited 2 years ago) (2 children)

And then it goes to the Supreme Court, where a majority of the justices have already been bought and paid for well in advance

[–] FlyingSquid@lemmy.world 21 points 2 years ago (1 children)

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.

[–] MNByChoice@midwest.social 6 points 2 years ago (1 children)

Yup. Liberal states are tired of this shit and will use the precedent

[–] PopMyCop@iusearchlinux.fyi 14 points 2 years ago

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.

[–] chiliedogg@lemmy.world 9 points 2 years ago

They're crazy, but even they won't fuck with interstate commerce.