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Posted on December 13, 2019 at 9:34 AM

The Supreme Court of Texas recently ducked ruling on the constitutionality of the Texas Advance Directives Act. The court ruled that the underlying case (concerning Chris Dunn) was moot, because the patient had already died. In contrast, Tinslee Lewis is still very much alive.

Therefore, the constitutionality of TADA in Tinslee’s case is not a moot question. At an extended hearing on Thursday, Texas Fourth District Court of Appeals Chief Justice Sandee B. Marion explained: “We’re here to determine whether 046 is unconstitutional.”

The judge extended the TRO requiring Cook Children’s to continue life-sustaining treatment for Tinslee until January 2, 2020. The hospital had planned to unilaterally withdrawn that treatment, pursuant to TADA, on October 10, 2019. Judge Marion will issue her judgment before the expiration of the TRO.

I offer my own 66-page analysis of the constitutionality of TADA here, in “Procedural Due Process and Intramural Hospital Dispute Resolution Mechanisms: The Texas Advance Directives Act.”

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