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Posted on May 12, 2019 at 4:00 AM

Litigants challenging the constitutionality of the dispute resolution provisions in the Texas Advance Directives Act (sometimes called “the 10-day rule”) lost before two lower courts in Houston. They are now taking their case to the Supreme Court of Texas. 

Before that court reaches the procedural due process question, it must first address the mootness question. Yes, the patient in this case has been dead for years. But since Texas hospitals are continuing to use TADA and because these patients typically die within 12 days, the constitutional issue is capable of repetition yet evading review. The court should find an exception to the mootness doctrine and reach the merits of the case.

The petition for review is due by June 10, 2019. Here is my own 66-page constitutional analysis of TADA.

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