Posted on October 17, 2020 at 3:30 AM
More than a year ago, clinicians at Cook Children’s Hospital determined that continuing life-sustaining treatment for Tinslee Lewis would be non-beneficial and cruel. So, they planned to withdraw treatment from Tinslee over her mother’s objections pursuant to the Texas Advance Directives Act.
But Tinslee’s mother challenged the very constitutionality of TADA. In July 2020, the Court of Appeals issued a 150-page opinion directing the Tarrant County District Court to grant a temporary injunction pending a final trial on the merits.
On Friday, the Texas Supreme Court declined to review the case. Therefore, the appellate court ruling stands, the injunction stands, and the case proceeds to a full trial.
The facts are not in dispute and the Court of Appeals has already answered all the relevant legal questions. Consequently, things look bad for TADA. I predicted this in an article cited by the court.