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NPR touched on this today as I was driving, so I looked it up when I got back to Barn 2.0

https://www.cnn.com/2024/01/30/us/texas-transgende...

Texas attorney general targets Georgia clinic in another attempt to obtain private medical records of transgender youth

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I am generally supportive on some limits on life changing decisions being made at such an early age, but still I oppose what Texas is attempting to do.

We have our laws here, just like any other state, some good, some bad. So I look at this as Texas attempting to extend it's jurisdiction outside of its own borders. And Texas to think it is entitled to unfettered access our medical records, wherever those records may exist, is a privacy issue.

The linked article mentions other state's AG's are using this technique to intimidate out of state providers of products or services they object to.

The linked article mentions other state's AG's are using this technique to intimidate out of state providers of products or services they object to.


If that's the case, that's wrong. Texas' writ stops at the Texas border and they have zero right to tell someone they can't go up to Oklahoma or across the country for a medical procedure.

Wouldn't they need a warrant for medical information? That's privileged.

Wouldn't they need a warrant for medical information? That's privileged. - Dope

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I am not sure if a state subpoena can even apply across state lines. Time to send up the Bat Signal for albaby.

I am not sure if a state subpoena can even apply across state lines. Time to send up the Bat Signal for albaby.

Ah, old chum - the Albaby-Signal has been lit! To the message boards!

The short answer is that state power stops at the state line. The slightly longer answer is that there are a **ton** of interstate compacts to facilitate the civil and criminal justice systems in order to work around that fact.

The states agree to share all kinds of information, records, access, and a host of other things to make sure that stuff runs smoothly when parties are in different jurisdictions. So, for example, there's the Uniform Interstate Depositions and Discovery Act - a model statute that most states have adopted to provide interstate cooperation among courts for handling those types of things. So if plaintiff X in Texas needs to subpoena records from defendant Y in Georgia, there's a Georgia statute on the books that directs how their state courts should (or should not) accommodate that request from their sister Texas courts, exercising their own state power.

There are agreements on all kinds of government stuff: sharing driver's license information, criminal records, licensing documents, and the like. It wouldn't shock me if there was some type of interstate compact dealing with medical records, so that if law enforcement in one state might have the same ability to request medical records in another state that the local cops there could do. But this is an unusual enough type of request that it might not fall neatly within that framework.

You da' man.

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