This Friday, the Harris County, Texas District Court will hear arguments on a motion for summary judgment concerning the constitutionality of the dispute resolution provisions in the Texas Advance Directives Act.
Interestingly, this week, the Texas Attorney General filed an amicus brief supporting the plaintiff/family. The Attorney General explained that its responsibility is to “defend the constitutional rights of Texas citizens, even from state statutes.”
I have made much the same procedural due process arguments here and here. More recently, I expanded these arguments for the Saint Louis Journal of Health Law and Policy (in press). And I warned the Virginia Joint Commission on Health Care about repeating these problems in their planned statutory amendments.
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.