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.”
Thank you Seattle Children’s Hospital for standing up to that bullshit.
Also thank you to Washington state for passing the shield law to make this happen.
“Go fuck yourself, Texas.” - Sincerely, Washington state residents
I feel that even without the shield law, this would be a violation of HIPAA
HIPAA has exceptions, which include orders to disclosed PHI to the court.
… What Ken Paxton is attempting isn’t legal though. Texas has no jurisdiction in this sham and following the order would violate Washington state law.
It doesn’t sound like the douchebag has a court order, though.
Also sounds like he’s going on a treasure hunt, rather than ask for specific info about specific people
“Go fuck yourself, Texas.” -Sincerely, the rest of the United States of America
To be fair, they are legally required to. Complying with Texas’ request would violate Washington law.
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remember when they all bitched and moaned about ‘government death panels’?
like it hadn’t been going on already at the insurance companies.
But if your insurance denies you, you can just come up with the millions of dollars you need yourself, so it’s not a death panel! /s
Government death panels bad.
Free market corporate death panels good.
I want to be able to choose my death panel in the free market!
I want (my employer) to be able to choose my death panel (without my input, based on how it affects their shareholder profits) in the free market!
Fixed it for you ;)
The logic there being that insurance companies have a profit incentive to not deny care.
It makes perfect sense. It’s about control by any means. The fact of the matter is that, by definition, conservatives don’t want progress. They’ll say and do anything to stand in the way of progress, even if it’s contradictory.
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suffering from major brain damage because they were exposed to too much lead and other harmful chemicals as children due to corporate deregulation
As someone old enough to having played with all these wooden toys coated in shiny lead-based colors followed by plastics with even more harmful chemicals… I’m pretty sure you have to start with a lot of damage already, then develop the habit of trying to eat your toys. Which is a gateway drug to drinking bleach.
It’s the lead they used to put in gas that was the real problem. Up until a few decades ago basically everyone was regularly exposed to unhealthy levels of environmental lead because of leaded gas. It mostly has an impact on children so it’s really just the Boomers and older GenX who grew up exposed that are still around with lead-addled brains, instead of all of society like it used to be before the switch to unleaded gas.
People always think that if you invent a Time Machine you should kill Hitler when he was a kid. Screw that, the man we really need to kill as a kid is Thomas Midgley Jr… Dude invented both Tetraethyllead and CFCs.
Lead gas is also still in use! There are lots of old planes that take higher octane gas, and because rich people tend to own planes, the government allows aviation fuel to still have lead, leading to poisoning children that happen to live downwind general aviation airports. https://www.politico.com/news/2023/02/20/aviation-lead-fuel-00081641
Im still in favor of shooting Woodrow Wilson with an anti-material rifle, that or convince the republican national convention to choose Roosevelt.
When regular leaded gas was banned in my country I was nearly 6, 14 when the last leaded high-octane gas was sold…
I looked up the US for reference… to find 1996 as the year leaded gas was finally banned.
So I still don’t believe environment-induced brain damage is an excuse.
It’s not exactly an excuse but it does explain certain things. For example, the massive drop in violent crimes that began after kids stopped growing up with too much lead in their brains.
The US banned leaded gas for all cars on the road in 1996 but we phased it out much earlier. The Clean air act was passed in 1970 which created the EPA. The EPA set standards on how much carbon monoxide, nitrogen oxide, and hydrocarbons cars could have in their exhaust. To meet those standards automakers had to use catalytic converters and leaded gas destroys catalytic converters quickly. Because of this no new car introduced in the US since 1975 has used leaded gas. It was banned about 20 years later to let the old cars be operated through their normal lifecycle. We still use lead on n some aviation fuel.
For most of that 20 year transition, gas stations had a choice of leaded or unleaded gas. I got my license in ‘82, and never drove a vehicle that still used leaded gas
My state’s rights.
This case promises to be extraordinarily complex.
It really shouldn’t be complex at all. It should be extremely simple: Is Seattle within the jurisdiction of the Texas AG or not?
I guess the issue is that they have to convince a Texas court of that, instead of some kind of reasonable judge.
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.
“This is a huge waste of time that will achieve nothing.”
That’s the GOPs entire platform.
Obfuscate, obstruct, oppress.
Sadly true.
I hate how true this is
Texas is under the 5th circuit.
Judges there are often just as insane as their lower court brethren. Fully by design.
It’s achieves political objectives for the Texas AG.
And then it goes to the Supreme Court, where a majority of the justices have already been bought and paid for well in advance
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.
Yup. Liberal states are tired of this shit and will use the precedent
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.
They’re crazy, but even they won’t fuck with interstate commerce.
The confederate states split from the union because they wanted the federal government to force free states to return escaped slaves, effectively enforcing the laws of one state on the residents of another. We are reenacting the events that led to the first Civil War.
This is spot on. This hadn’t even occurred to me.
the fact of trans people being involved has the effect of making anything complicated, apparently. It’s just sooooo complicated to checks notes allow us the same rights and protections as anyone else. But oh hey someone’s building a database of trans people while passing a bunch of anti-trans legislation? Hold on now it’s complicated he may have a point.
And, of course, it’s only trans people for now. If they can build a database of people getting gender-affirming care, they can build a database of people getting any other sort of medical care. For example, care for HIV or sickle cell anemia or Tay Sachs. And then there’s the ability to make a database of women getting legal abortions, certain forms of birth control or IVF treatments. Awfully convenient way to keep track of ‘problem’ members of society, isn’t it?
More reasons to never, ever fucking step foot in the fucking shithole that is Texas.
Drive around it if you fucking have to.
Seriously! Apparently they try to claim ownership of you even after you leave now.
As a Washingtonian, don’t fuck with Seattle Children’s Hospital, you piece of shit.
As a Texan, can confirm that Ken Paxton is a piece of shit.
I wish he would roll Abbot off a cliff and jump down after him.
I once stood within 3 feet of Greg Abbott. Every single day of my life, I regret not punching him straight in the nose. It wouldn’t have changed anything, but he most certainly deserved it then, and double deserves it now.
Take comfort in one thing. He will eventually have to face himself and the life he built.
If y’all could get rid if him, that would be great.
We recently tried, and the whole thing played out like a corruption carnival. An astounding number of “liberals” in the Texas legislature suddenly switched sides on the biggest smoking gun issue they could have impeached him with (that he had illegally given information to Nate Paul to influence an investigation). Turn them upside down, and watch the money fall out of their pockets, I say.
For those who want to see what I’m talking about, look at how many democrats voted to acquit on article 4 as compared to every other article:
https://www.texastribune.org/2023/09/16/ken-paxton-impeachment-vote/
We just had the Dallas mayor switch from Democrat to Republican directly after his election too.
All the conservatives in state gov and the a-holes who enable them are POS’s too.
It only takes one hero to make him gone forever.
If you’re implying violence, I can nearly guarantee that it would make him a martyr for the cause. The religious right love to see their leaders on crosses down here.
The absolute best hope for Texas is for liberal candidates to unite around issues that moderate rural Texans can get behind. When democrats in the federal government get our candidates to do things like make strong anti-gun statements, it only ends up making it impossible to win here. We have to focus on getting power before we make strong statements about using power in ways that offend rural Texans.
I’ve heard that line of thinking my entire life as things have gotten worse and worse and fascism and Christian conservative bullshit has taken a stronger and more vicious grip, it’s time for a violent revolution.
I think you’re not understanding that I’m only talking about Texas here. Violent revolution is all well and good if you can win. Progressives are outnumbered and outgunned in this state.
If there were a lot more of us and we had it in the bag, sure, what the hell, let’s bring change now. But history is written by the victors, and no assassination looks justified when you lose. As it stands right now, progressives would lose a violent fight in Texas.
They (gop) really want a civil war.
they do realize that if they start it and we win, we’re gonna have to finish the job for good this time, right? we aren’t gonna make the “ending reconstruction early” mistake twice.
Sherman should have never stopped.
He should definitely have continued into the sea, and burned that, too.
When it comes to Texas, he went in the wrong direction.
I hope you’re right, but I worry that the majority of Americans will want to forgive and move on.
Ban all confederate and nazi symbols and treat anyone using them as enemy combatants, dissidents, whatever. I don’t like operating in absolutes but they’ve shown time and time again not doing so only allows them to push everything further right into christofascist extremism.
Just let them secede. They don’t really want a fair democracy anyway, so good riddance. America will be better off without them.
Even if they won their precious civil war, in their brave new world of Jesus Trumpmerica, states still aren’t going to let other states tell them what to do.
The only world in which Texas’ AG has this sort of power is a world where a country that includes the Pacific Northwest is called Texas.
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At this point so do I. These monsters fill me with rage on a daily basis. Let’s fucking do it already, there’s way more liberals than vile conservatives. I’m ready to pop a few for the betterment of our country.
Who will rid us of this meddlesome priest?
OK, that’s driving me nuts - what’s that line from?
Paraphrased from an alleged quote by Henry II about Thomas Beckett from a millennia ago. I think it was turbulent instead of meddlesome, but you get the drift.
https://en.wikipedia.org/wiki/Will_no_one_rid_me_of_this_turbulent_priest%3F
Henry II of England.
Four knights traveled to kill the priest.
And nothing of this is actually about trans youth. They really don’t give a shit, they know this won’t work and just do this anyway to rule the crazies to vote whilst also distracting everyone from them stealing said crazies dry
Shouldn’t he be in prison for when he tried to murder that poor pregnant woman a couple weeks ago?
But I thought Texas was all about “States rights to decide for themselves!”
Republicans: “States need to decide for themselves!”
Blue states: “Okay. We decide to protect LGBTQ people. And abortion rights. And prosecute people who tried to overturn our elections.”
Republicans: “NOT LIKE THAT!!!”
This is states rights exactly as the South viewed Northern states not returning their slaves.
Why was the lawsuit filed in Texas and not in Washington State? The hospital is based in Seattle, the people coming for care received that care in Seattle, … Surely Washington state courts should have the final say.
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The people they represent are those most likely to have a reactionary response. While those of us on the left may show up for protests asking for change, those on the right are most likely to make stupid videos of themselves destroying beer that they already purchased. They’re theater-kids who won’t admit it.
They’re theater-kids who won’t admit it.
As a person who took theater as a kid I object to this comment.
We knew everything we were doing was simply performative.
I’m going to give them more credit than they deserve and say that they do, too. At least at some level.
Well yes, the fascist politicians are being performative as usual, but it’s the Washington hospital that filed in the Texas court, not Texas republicans. If some random loonies from across the continent where to slander and threaten me, then I would go to my local authorities/police/courts to try and put a stop to it. I would not go to loonietown myself to complain about the loonies, because I’d be afraid of finding even more loonies. So the part I don’t get, is why the Washington hospital had to/wanted to file their lawsuit in Texas instead of in Washington.
Because Washington State has no jurisdiction over Texas. The vice versa is the whole point of this suit.
Why was the lawsuit filed in Texas and not in Washington State?
because they haven’t rigged Washington yet
Seattle PD should demand the Texas AG come to their station to answer harassment complaints.
Seattle PD will tear gas their own citizens. Can’t imagine what they’d do to someone from outside the state
They actually hate the people in the city more than anyone from out of state, a lot of Seattle PD don’t even live in Seattle proper. If Ken Paxton came to say hello they would probably welcome him with a BBQ.
I haven’t been in dispatch for a while, but isn’t Seattle one of the cities that prohibits officers from living in their own jurisdiction?
Would that not be the place of the FBI?
the Interstate Communications Act, codified at 18 U.S.C. § 875. This law makes it a federal crime to transmit any communication in interstate or foreign commerce containing a threat to kidnap or injure the person of another.
Not a lawyer but there may be gas in that tank.
This case promises to be extraordinarily complex
Does it? It seems pretty clear to me that the state of Texas does not have any authority over a children’s hospital over 1000 miles outside of its jurisdiction. What exactly is complex about this?
It’s going to be complex because the Texas AG has already made their dumb decision, and now the hospital is suing the state of Texas in Texas.
It’ll be complex because the fascist Texas courts are involved.
I would be surprised if this could lose, even in Texas. The court will have to confront the double standard of Texas laws applying to other states, but other states laws not applying in Texas. Setting the precedent that states must comply with medical laws from other states would be a major win for Texans, which is why they can’t let it happen.
The court will have to confront the double standard of Texas laws applying to other states, but other states laws not applying in Texas.
I’m sure they’ll find a way to conclude Texas State Is Best State
This might be a first pass where they intend to make the case go away under Texas jurisdiction if they can first and if they can’t, then they might just say “well you don’t have jurisdiction here anyways” and take it to federal court.
If you can arrest an entire hospital can you arrest an entire state government?
you can do anything if you work hard and believe in yourself
-my mom, multiple occasions
Can confirm. Many of us are quite familiar with your mom, multiple occasions.
Can they also try to undermine the federal HIPAA law at the same time?
Human trafficking is no big deal, don’t see why someone as really and annoying as HIPAA would get in Texas way
Don’t see how. HIPAA has clear and wide exceptions to allow sharing for court orders and “as required by law.”
“With limited exceptions, HIPAA’s privacy rules preempt any contrary requirement of state law unless the state law is more stringent than the federal rules.” In re Collins, 286 S.W.3d 911, 917 (Tex. 2009) (citing 45 C.F.R. § 160.203).
Whose law?
