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Posted on October 4, 2019 at 4:00 AM

The Supreme Court of Texas has denied the petition for review in Kelly v. Houston Methodist Hospital. This ends a valiant, long-running attempt to challenge the constitutionality of the Texas Advance Directives Act.

Given the mootness doctrine constraints in Texas, it will be difficult to have the state courts review TADA. The patient in any case will likely die before a court could reach the merits.

Litigants may have better success in the federal courts. Of course, opponents will likely continue their primary tactic: pushing bills through the legislature that narrow or eviscerate TADA’s dispute resolution provisions.

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