The Seattle Children’s Hospital filed a lawsuit in Travis County District Court on Dec. 7 against the Texas Office of the Attorney General (OAG), after that agency requested documents related to gender transition policies and any such care provided to Texas children.
Why do they have to sue? Why do they have to respond at all? Texas isn’t Washington and not only is there no jurisdiction, there’s no standing for the courts either.
https://washingtonstatestandard.com/2023/06/24/how-washingtons-shield-law-protects-abortion-patients-coming-from-other-states/
Because Texas threatens criminal prosecution for anyone who does not comply. And these people are probably concerned that if they just say no and don’t sue, they will most likely face criminal litigation in Texas that could cause arrest warrants that could affect them if and when they travel.
Also, because under Washington state law, it would be illegal for them to comply with the Texas attorney general in this case.
https://washingtonstatestandard.com/2023/06/24/how-washingtons-shield-law-protects-abortion-patients-coming-from-other-states/
Right but outside of issuing an arrest warrant in the state of Texas, what else could they do? They are not federal and have no greater authority.
So you think it’s totally fine that people just doing their fully legal job in the state they live and work in should be subjected to arrest warrants that prevent them from ever safely entering a completely different state?
“Sorry boss, I can’t go to that conference. It’s hosted in Texas and I’ll be arrested as I exit the plane.”
Could Texas not also have extradition treaties with other red states, so now when you travel to Alabama and get a speeding ticket, you get sent over to Texas?
Yeah, could potentially make a lot of states unsafe to go to because you “broke” a law you weren’t subject to.
It’s not possible to break the law like that. Imagine that someone shoots someone in the middle of 5th Avenue (who could that be?). Only the state of New York can prosecute them. They haven’t committed any crime in any other states.
It’s the same thing here. You can’t prosecute without jurisdiction. If Osama Bin Laden went to Texas they couldn’t prosecute him there. I don’t know why Texans think they can prosecute things that happen elsewhere in the world.
You’re assuming they use their court system in good faith.
What if someone operates a drone, flies the drone from NJ to NY and has the drone shoot someone in the middle of 5th avenue? That’s a lot closer to what Texas is reaching for with this - they think this hospital in WA is doing things illegal in TX via telemedicine. Hence asking for things like patients at this WA hospital who did their labs in TX.
I’m not a legal expert but aren’t electronic crimes like that federal (especially because they cross state lines)? In that case, the conspiracy to commit murder happens in NJ and the actual crime happens in NY. Pretty simple.
Texas seems like they’re trying to create “conspiracy to commit abortion” as a crime. But that makes no sense because the actual act is not a crime in WA. People intentionally going to WA are conspiring to not commit a crime. They are intentionally going to a location where it’s legal.
It’s like giving someone a ticket for waiting at a red light. They’re conspiring to cross the intersection! Sneakily waiting until it’s legal to do!
That’s actually an interesting question. Reading further about this case it sounds like they’re looking for evidence that the hospital was providing care not permitted in TX to patients in TX via telemedicine. Hence why they are asking for things like patients who had their labs done in TX - you don’t generally have your labs done 2000 miles away from your doctor in cases other than telemedicine.
I have no idea whether that means TX or WA law applies.
I never made a judgement on the outcome.
There’s a whole thing about interstate extradition. The same way that Florida is obligated under federal law if NY issues an arrest warrant.
It was discussed in detail a while back when a number of Florida politicians acted like they could protect Trump.
Well, it would probably land in front of the Supreme Court but they could then attempt to have the hospital workers extradited to Texas. States extradite people as a routine matter but I gotta think Washington would probably refuse this time.