Baby Tinslee wins in appeals court, receives temporary injunction protecting her life

By Texas Right to Life

Editor’s note. Pro-life Bioethicist Wesley J. Smith explained the “Ten Day-Rule,” mentioned below, in this manner: “The law permits a hospital bioethics committee to kick a patient out of wanted life-sustaining treatment that is working–e.g., keeping the patient alive–based on the subjective values of doctors and the members of the hospital administration-appointed committee.”

The Second Court of Appeals in Fort Worth granted Baby Tinslee Lewis a temporary injunction, citing the probability that the Texas Advance Directives Act (also known as the 10-Day Rule) will be declared unconstitutional after a full trial.

Baby Tinslee’s temporary injunction will prevent Cook Children’s Medical Center in Fort Worth from pulling the plug on the 17-month-old until a full trial is held that will officially uphold or strike down the 10-Day Rule.

The Second Court of Appeals ordered the case to return to the lower court for final trial on the merits consistent with this opinion. The date of the trial has not yet been decided by the 48th District Court.

“I am so thankful the court of appeals sees the injustice of the 10-Day Rule and will allow me to fight for my daughter,” Trinity Lewis, Tinslee’s mother, responded.

Texas Right to Life praises God that the court granted more time for Baby Tinslee and for every other patient victimized by the 10-Day Rule. Over the last several months, Texas Right to Life has seen more and more hospitals trying to force the 10-Day Rule on innocent Texans. The 10-Day Rule has robbed countless patients of their Right to Life and right to due process. We pray the court will strike down the deadly 10-Day Rule in the full trial.

Ed. note. On Friday, Texas Attorney General Paxton issued a statement that “applauded the Second Court of Appeals for reversing a lower court decision denying a temporary injunction and protecting baby T.L.’s life. In November 2019, Cook Children’s Medical Center in Fort Worth, Texas denied the baby’s mother’s request to continue life-sustaining treatment without first providing due process of law, directly violating her wishes and her daughter’s right to life.”

Attorney General Paxton added, “I wholeheartedly commend the court for protecting this baby girl’s life and allowing her family members to fight for their daughter. Life is the first constitutionally protected interest, and this innocent baby girl must be afforded the rights she deserves. Patients must be heard and justly represented when it comes to determining their medical treatment, especially when their lives are at risk.”

The 148-page decision written by Justice Wade Birdwell can be read here.