Bioethics Blogs

Constitutionality of Texas Advance Directives Act – Kelly v. Methodist Hospital

For the first time, a lawsuit challenging the constitutionality of the Texas Advance Directives Act is actually headed toward adjudication on the merits.  

Chris Dunn
Kelly v. Methodist Hospital, No. 2015-69681 (Harris County, Tex.) is scheduled for trial in January.  But the plaintiffs are now seeking a ruling even before that.  They have just filed a motion for summary judgment, arguing that there is no need for a trial.  The relevant facts are undisputed.  

Therefore, the judge faces a question of pure law:  do the conflict resolution provisions in TADA violate procedural and substantive due process.  As I have argued in several publications, they probably do.  But plaintiffs may have trouble establishing that Houston Methodist, a private hospital, was engaged in “state action.”

The views, opinions and positions expressed by these authors and blogs are theirs and do not necessarily represent that of the Bioethics Research Library and Kennedy Institute of Ethics or Georgetown University.