The fate of a Texas baby hinges on two constitutional issues.
After Baby Tinslee was born in Fort Worth, Texas' Cook Children's Medical Center a year ago with heart and lung problems, doctors instituted the ten-day rule, which gave family members that long to locate another facility to care for the patient before the hospital pulled the plug.
Kimberlyn Schwartz, director of media and communications for Texas Right to Life, tells OnNewsNow arguments were made to the full Second Court of Appeals in Fort Worth.
"There were some very compelling points made by the judges wanting to know how Cooks could argue that them taking away the right to life of an individual against their will -- or in this case, since this is a child, the mother's will -- without expecting any kind of repercussions from the state," Schwartz details.
The state and federal constitutions protect the right to life, but there is also a second constitutional issue of whether the ten-day rule is constitutional.
"We at Texas Right to Life know that this is unconstitutional," Schwartz asserts. "It's unprecedented. No other state has a law as bad as this."
She says the measure denies the patient the right to due process, as the hospital ethics panel makes the decision and imposes it on the patient and family. The communications director adds that many Texas residents want the law changed so the patient and family have a distinct role in decision making and recourse if their decision is contrary to that of the hospital panel's.