[US] Texas AG Threatens Seattle Hospital With Jail Unless It Provides Trans Patient Data

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.”

MamboGator,
@MamboGator@lemmy.world avatar

“State’s rights! Unless you’re a progressive state in which case fuck you, obey me!”

Just more fuel for my belief that conservatives worldwide are either suffering from major brain damage because they were exposed to too much lead and other harmful chemicals as children due to corporate deregulation, or they’re just evil. Most likely a combination of both. The evil ones are at the top and the brain damaged ones keep supporting them.

Nothing conservatives say or do makes sense otherwise.

ChaoticEntropy,
@ChaoticEntropy@feddit.uk avatar

My state’s rights.

wrath_of_grunge,
wrath_of_grunge avatar

remember when they all bitched and moaned about 'government death panels'?

like it hadn't been going on already at the insurance companies.

jonne,

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

postmateDumbass,

Government death panels bad.

Free market corporate death panels good.

AutistoMephisto,
@AutistoMephisto@lemmy.world avatar

The logic there being that insurance companies have a profit incentive to not deny care.

darkstar,

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.

MamboGator,
@MamboGator@lemmy.world avatar

But that would be the “evil” component.

I should also add that defunding education and pushing religion in schools is a part of the brain damage component, albeit not chemically induced. And as the old guard conservatives are dying off, we’re starting to see more of the brain damaged/stupid ones enter positions of authority.

Ooops,
Ooops avatar

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.

ultranaut,

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.

Ooops,
Ooops avatar

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.

ultranaut,

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.

Can_you_change_your_username,

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.

AA5B,

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

derf82,

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. www.politico.com/…/aviation-lead-fuel-00081641

vaultdweller013,

Im still in favor of shooting Woodrow Wilson with an anti-material rifle, that or convince the republican national convention to choose Roosevelt.

WhiskyTangoFoxtrot,
GaMEChld,

I’m lost, did they repeal HIPAA? Can I freely distribute PHI now?

PeckerBrown,

Suck a trans dick, Texas.

minimalfootprint,

This will never happen. A hospital in a jail? A Republican would never improve healthcare in the prison system.

TargaryenTKE,

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?

BreakDecks,

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.

GrundlButter,

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.

profdc9,
afraid_of_zombies,

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.

nifty, (edited )
@nifty@lemmy.world avatar

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.

afraid_of_zombies,

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.

nifty,
@nifty@lemmy.world avatar

I am sorry, but some journalists are the best people you’ll ever meet, ditto for lawyers. You can get a really great sense of systems level thinking as both a journalist and lawyer, less so as a homemaker. Conversely, some of the most ardent assholes are store clerks and plumbers. Let’s not make unnecessary stereotypes, there’s enough of that already. Assholes come in all flavors, and thinking just because someone did a 9-5 doesn’t make them an asshole is a mistake.

afraid_of_zombies,

It isn’t that I don’t think those are real jobs or that people who work trades have no assholes. It is the duration. Really I want you to think about this. These three big political leaders worked white-collar jobs for under half a decade. Paxton is 61. He has spent under 1/13 of his life working.

nifty,
@nifty@lemmy.world avatar

Ah okay, fair! I guess I read incorrectly. I also don’t think you mean that’s the only important criterion for measuring someone’s ability to effectively serve in government. I read things a little literally, that’s my problem ^^

randon31415,

Republican sues to see kids genitals.

Facebones,

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”“”

SendMePhotos,

What’s the cuties movie

CileTheSane,
@CileTheSane@lemmy.ca avatar

But I thought Texas was all about “States rights to decide for themselves!”

FurtiveFugitive,

This is states rights exactly as the South viewed Northern states not returning their slaves.

TechyDad,
@TechyDad@lemmy.world avatar

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!!!”

some_guy,

Never stop overreaching. Assholes.

JokeDeity,

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.

chocosoldier, (edited )

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.

BreakDecks,

If you don’t see the difference between Democrats and Republicans, you’re not enlightened, you’re blind.

chocosoldier,

the difference is that when Ds have power they vountarily let Rs call the shots, like they did back in the Obama years when they had a supermajority and decided to let Rs dictate healthcare reform anyway. pay attention kid, they make different noises but they heel to the same masters. you’re picking between the fascist party and the collaborator party.

OrteilGenou,

The differences do tend to stop juuust at the part where monetary interests of their funders begin.

Aside from that, very different parties.

elbarto777,

Another full on civil war? I was with you until this point.

endhits,

The left doesn’t have a meaningful presence in the US.

AlfredEinstein, (edited )

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.

chocosoldier,

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.

AlfredEinstein,

As a straight, white man, I don’t sweat it personally. I’ll be the last one thrown into a camp.

But the people who are more at risk need to get practical with their planning. Community organizing is a great place to start. And I’m not taking violence off the table if it’s in self-defense. But fantasizing online about taking up arms against the christo-fascists while skipping the planning stage and training is just going to get a lot of femboys raped and killed.

andros_rex,

If a group of queer folks organized in my home state, that would help the GOP make their lists. If we got violent in self defense, they would kill and jail us. I used to be more of an activist, but it’s fucking impossible to get a job without scrubbing every trace of your transition from the internet.

AlfredEinstein,

Then scrub your fucking transition. I’ve done a decent job of scrambling my online identity so that it appears more like noise than signal. I get junkmail addressed to burner jokenames. And I’m a straight, white male. I just like my privacy.

Nothing is going to be handed to you. Keep a low profile and organize among people you trust. This isn’t a fucking game. They want to kill you (probably rape you first), and you need to avoid that.

andros_rex,

Do you do any community organizing yourself or do you just lecture queer folks on how to do it on the internet? I know “nothing is going to be handed to” me, I’m a trans person in a state where I don’t legally exist.

AlfredEinstein,

Currently, I bankroll and organize a group of ESL teachers to teach English and the basics of the USCIS citizenship test to immigrants. Is that community organizing?

I’ve done other work around labor and anti-war over the years.

Fetish stuff isn’t my bag, but I know a bunch of repressed Republican guys who can’t wait to get their big, meaty paws on a few femboys.

FlickOfTheBean,

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.

OrteilGenou,

Ah the ad hominem attack, the bread and butter of people who have a half-formed argument. The signal of a weak argument dressed in forceful garb.

CileTheSane,
@CileTheSane@lemmy.ca avatar

Ah the fallacy fallacy, the bread and butter of people who are incapable of making any argument to support their beliefs, leading one to believe they can’t logically explain their position because they didn’t logically arrive at it.

Calling out the ad hominem and dismissing it is all well and good, but they had other actual arguments in their post as well. Using the ad hominem at the end as an excuse to run away, claim victory, and commit some ad hominem of your own is just pathetic. If you’re going to call out fallacies I expect you to be better than that.

OrteilGenou,

You expect me to be better than that?

All you did up above was exactly what you accused me of doing. I pointed out a fallacy (what were the other arguments exactly? Koch/Nazi? Yeah I didn’t mention them because the fallacy was the strongest part of their comment) and you created a false situation (that I “ran away” from something or other) and called that an ad hominem. Objectively incorrect.

Maybe a primer on Aristotelian logic might help you out… Unless of course you’d rather continue to dribble urine down your pant leg and present it proudly as a comment worth reading.

CileTheSane,
@CileTheSane@lemmy.ca avatar

All you did up above was exactly what you accused me of doing.

All you had was a long winded ad hominem.

called that an ad hominem. Objectively incorrect.

If you had any actual points I missed please point them out.

Unless of course you’d rather continue to dribble urine down your pant leg and present it proudly as a comment worth reading.

If you’re going to spend 2 days coming up with a response you’re going to have to do better than that. You’ve once again provided nothing of value to the discussion, you’ve just flailed around trying to insult me and even failed at that.

TechyDad,
@TechyDad@lemmy.world avatar

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.

SendMePhotos,
31337,

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.

fne8w2ah,

Can they also try to undermine the federal HIPAA law at the same time?

Bakkoda,

Human trafficking is no big deal, don’t see why someone as really and annoying as HIPAA would get in Texas way

Llamadramas,

Don’t see how. HIPAA has clear and wide exceptions to allow sharing for court orders and “as required by law.”

Arielcorn,

“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).

corsicanguppy,

It appears the egos are also bigger in Texas.

RunawayFixer,

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.

reverendsteveii,

Why was the lawsuit filed in Texas and not in Washington State?

because they haven’t rigged Washington yet

jennwiththesea,
@jennwiththesea@lemmy.world avatar

Because Washington State has no jurisdiction over Texas. The vice versa is the whole point of this suit.

LarryTheMatador, (edited )

deleted_by_author

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  • some_guy,

    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.

    CileTheSane,
    @CileTheSane@lemmy.ca avatar

    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.

    some_guy,

    I’m going to give them more credit than they deserve and say that they do, too. At least at some level.

    chocolateo,

    If you can arrest an entire hospital can you arrest an entire state government?

    afraid_of_zombies,

    you can do anything if you work hard and believe in yourself

    -my mom, multiple occasions

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