Tinslee Lewis Medical Futility Case Heads to the Supreme Court

Last month, the Texas Court of Appeals ruled that a key dispute resolution provision in the Texas Advance Directives Act (TADA) is unconstitutional. 

Cook Children's Medical Center had invoked this provision (Tex. Health & Safety Code 166.046) to withdraw life-sustaining treatment from Baby Tinslee Lewis over her family's objections. The courts enjoined Cook from doing that. Cook is now seeking review from the Supreme Court of Texas. 

Interestingly, Cook does not argue that TADA offers sufficient procedural due process. It clearly does not. Instead, Cook argues that Cook's use of TADA need not comply with constitutional requirements because it is a private hospital making a private treatment decision. That is not state action even though state law provides a safe harbor.