[US] Texas AG Threatens Seattle Hospital With Jail Unless It Provides Trans Patient Data
[US] Texas AG Threatens Seattle Hospital With Jail Unless It Provides Trans Patient Data
Attorney General Ken Paxton has sent a civil investigative demand to Seattle Children's Hospital, demanding data on all Texas patients traveling for care, despite having no jurisdiction there.
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
To be fair, they are legally required to. Complying with Texas' request would violate Washington law.
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?
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.
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.
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.
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?
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.
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
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.
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
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.
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?
He was born in 1962 and worked two years as "business consultant" and eleven years as lawyer for corporations. In his 61 years of life he has worked at most thirteen of them. The rest of the time has been bouncing around fake government part time jobs. He has zero experience with law enforcement or the justice system in general.
As long as we allow the talentless hacks of the world to rule us the world that they want will remain. Go ask your local elected officials if they can change a tire and how was work today.
Go ask your local elected officials if they can change a tire and how was work today.
What does this have to do with anything? I get that you’re talking about relating to the common experience, but that doesn’t have anything to with being able to govern. Don’t know if you’re American, but here we had the Tea Party at one time (the precursor of MAGA, in a way), so basically your MTG and Boebert types. These types of people can relate to the common experience quite well, but that doesn’t give them with any sense on how to effectively be part of legislature, so their default is being asinine attention seekers. There are plenty of people who have common roots who are just as terrible in their thinking as any elite. What matters I think is how well someone can empathize and think beyond party lines because at the end of it that’s what’s required to get things done.
It matters because not only relatability it matters because they haven't worked and they haven't developed any skillset.
Sarah Palin: journalist degree 5 years out of her entire life as a sportscaster.
Jan Brewer: radiology certificate she didn't use, homemaker
Ken Paxton: 3 years as a corporate lawyer for JC Penny and a corporate law firm for 2
Since you asked about the Tea Party I mentioned a few. None of these people spent 30 years adding productive value to the world. They did some work and drifted up, and they rule us. Having zero clue how the systems that keep us alive operate.
My thoughts go out to the patients of Seattle Children's Hospital. What a shitty situation and what a shitty person.
Republican sues to see kids genitals.
They're still obsessed with that Cuties movie, Facebook pushes me exclusively right wing content and I've seen two "parody" videos in the past week (one from Babylon Bee) that display the movie front and center.
Cause, yknow, """LiBrUlZ"""
What's the cuties movie
Never stop overreaching. Assholes.
I have dealt with Ken a few times now. He is as big a douchebag as he is a dipshit.
Sounds like a tale. We would love to hear it.
He just took part in a few meetings I led or was part of. All interactions with him before, during and after said meetings were unpleasant. He also said some seriously dumb shit. You know the type that pretends to be knowledgeable by asking or stating things with great authority, but what they say or ask is either not remotely close to on-topic, or shows a complete lack of knowledge or comprehension of the topic? He was that guy.
Who exactly is he planning to put in jail? Sounds like workers in seattle. But really... which one? I honestly don't even know why they bothered to respond to this political stunt.
According to the article title they're going to put the hospital itself in jail. They’ll call in construction equipment and dig the hospital up out of the ground and transport it to a large custom made jail cell.
Does Texas believe we don't have guns?
Just because we don't parade around with it or make it our identity.
There's way more people on the left than on the right, the only way to save this country at this point is for some of these people to start disappearing, or another full on civil war. The bullshit has to end, I'm tired of every day being more hate fueled evil from these fucking troglodytes.
The big problem with a Second Civil War is that it won't be North vs South. It wouldn't even be Red States vs Blue States. It would be Red Counties vs Blue Counties.
I live in NY - a deep blue state. I even live in a blue area of the state. If I drive less than 30 minutes from my house, though, I'd end up in an area so red that I might as well be in the deep south.
If there was an active Civil War, people in these red counties would travel to the blue counties to launch attacks (and vice versa). There would be no real "front line." The entire country would be a front line.
I mean maybe. I have a hard time envisioning what a modern U.S. civil war would look like. What would be the organizations coordinating each side, and what would the chain of command look like? Who would be funding each side, and what would the supply chains look like? What would the actual U.S. military, pentagon, and DoD do?
Even the most red counties have something like 20% blue voters. I imagine voter demographics were comparable during the first Civil War, yet state governments still federated. Confederate states weren't able to get many volunteers, so they brutally enforced conscription.
Another full on civil war? I was with you until this point.
I don't thing this is true. If you label Democrat voters as "left" and Republican voters as "right," then there is usually only around a 5% difference in the popular vote during presidential elections.
If you label "progressives" as "left," and MAGA Republicans as "right," I think the right actually has a big numbers advantage, judging by how mainstream it seems to be (FOX News vs MSNBC?). I don't watch MSNBC, so I'm not actually sure if it's really progressive, but what I've seen from FOX is pretty far right.
Going by the media probably isn't a good barometer either of how the country leans, as most/all media outlets are owned by corporations and conservative-leaning investment-class folks who have no interest in left-leaning content. Even something like MSNBC will only go so far to the left, more like center-left and corporate-friendly.
I suspect most people are probably somewhere in the middle or left-leaning, not in total agreement with either party, but generally supportive of policies typically pushed by Democrats that help the broadest numbers of people, many are probably just politically agnostic and don't care to even think about politics that much. However, Democrats suck at messaging and at actually getting their policies enacted, either through ineptitude, naivete, or by design, and the demographic groups they go after are also the least dependable when it comes to voting. So we're left with Republicans usually getting their stuff pushed through because they have no shame and are willing to do questionable things in the pursuit of power.
The left doesn't have a meaningful presence in the US.
funniest thing I've seen on here all day. You think Dems are left or something? The parties are on the same side, ignore their "good cop bad cop" routine, they're there to benefit capital. Not us.
But the Republicans are the ones who put in the time and effort while the left is smoking doobies, playing their bongos, and masturbating.
#¯\_(ツ)_/¯
It takes more than having a majority.
‐‐------‐
edit: The comment above this is literally hinting at violence.
Organizing around issues and engaging in direct action as well as political action is a good first step before we start plotting how to "disappear" people and wage war.
Yeah, it's just billionaire funding, not gumption.
Left is king of grassroots movements that go nowhere because they can't get funded while the right has daddy koch and murdock making it rain all the way down to altright and neonazi youtubers.
But call me a hippie conspiracy theorist and move on with your day, because you're obviously not too bright.
This. I live in a "liberal" place and people look at me like I'm crazy when I tell them what the GOP is up to in the South. Sometimes they even laugh. Libs think we're as ridiculous and safe to disregard as the MAGAs do. A genocide is coming and libs have their heads in the sand about it. Voting will not save us.
Ken Corruption can bite my shiny metal ass.
Suck a trans dick, Texas.
It appears the egos are also bigger in Texas.
They would have to build a huge jail cell that can fit an entire hospital, and then move the whole hospital to Texas to send it to jail! /s
Threatening a fucking children's hospital.
🖕Paxton
This will never happen. A hospital in a jail? A Republican would never improve healthcare in the prison system.
I'm lost, did they repeal HIPAA? Can I freely distribute PHI now?
Fuckin bastards
If Washington state did that to Texas, they would give Washington the finger.
RULES FOR THEE AND NOT FOR ME.
They would have to build a huge jail cell that can fit an entire hospital, and then move the whole hospital to Texas to send it to jail! /s