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CAUSE NO. 323-112330-19 , , _ _.

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TINSLEE BREAUN LEWIS, A MINOR § IN THE DISTRICT COURT ,· .--.: J<. -AND MOTHER, TRINITY LEWIS, ON § -:.-:: :_; ' cJ\ --,:;:.,

HER BEHALF, § ---· -4'. (: : ::;

§ r -- J. ... Plaintiffs, §

.--, r-- a ~ § TARRANTCOUNTY, TEXAS

., ·---:-', ! ,, ... \-:::0

V. § §

COOK CHILDREN' S MEDICAL § CENTER, §

§ Defendant. § 323RD JUDICIAL DISTRICT

COOK CHILDREN'S MEDICAL CENTER'S MOTION TO RECUSE

Defendant Cook Children' s Medical Center respectfully asks the Judge of the Court to

recuse himself from this case.

I.

INTRODUCTION

Judge Alex Kim should be recused from this lawsuit due to his public statements about the

lawsuit given to a political group that is both supporting the Plaintiffs and advocating for the

overturn of the statute at issue in this case. Additionally, recusal is mandated due to the manner

in which the case was engineered to be assigned to Judge Kim in an effort to bypass the rules

requiring the random assignment of cases. For these reasons, Judge Kim ' s impartiality can

reasonably be questioned such that he must be recused from this case.

II.

FACTUAL BACKGROUND

A. Background of the Lawsuit.

This case involves the tragic medical condition of nine-month old Tinslee Lewis. Tinslee

suffers from a rare heart defect called an Ebstein' s anomaly as well as chronic lung disease and

Cook Children's Medical Center's Motion to Recuse -

severe chronic pulmonary hypertension. She has undergone several complex surgeries that,

unfortunately, have not been able to significantly improve her condition. Tinslee has spent her

entire life hospitalized in Cook Children' s intensive care unit. Unfortunately, her condition will

never improve.

More significantly, the doctors have concluded that Tinslee is suffering, with no hope of

recovery and no possible surgical interventions that would improve her condition or ease her

suffering. Tinslee was born prematurely with complex congenital heart disease as well as

significant lung disease. She has required artificial life support for most of her life, and has

continuously been on life support since July. She also requires significant sedation to help prevent

pulmonary hypertension crises brought on by even minor agitation.

Cook Children's has been in constant communication with Tinslee's mother, Plaintiff

herein, and has informed her of their physicians ' conclusion that continuing to intervene medically

is inflicting pain on Tinslee without any corresponding therapeutic benefit. Plaintiff has stated

that she disagrees and believes that Tinslee is not in pain and will somehow recover. Cook

Children's has contacted dozens of doctors and hospitals across the country, and none have

disagreed with Cook Children' s conclusion or been willing to accept Tinslee as a patient.

Pursuant to the Texas Advance Directives Act, Cook Children's submitted the issue to its

ethics committee. After hearing all of the evidence and opinions of all parties, the committee

concluded that there was no medical benefit to continuing treatment for Tinslee and, to alleviate

her suffering, it is in her best interest to cease medical intervention and allow her to die naturally.

Plaintiff was informed of this decision on October 30, 2019, and Tinslee was scheduled to

be removed from the ventilator on Sunday, November 10.


B. The Unusual Mechanics of the Temporary Restraining Order.

On Saturday, November 9, 2019, Texas Right to Life, an anti-abortion organization that

operates a political action committee supporting politicians that vote for its agenda, became

involved in Tinslee's case. Texas Right to Life offered to represent Tinslee's mother and it

obtained counsel to seek injunctive relief to prevent the withdrawal of Tinslee' s ventilator. See

Exhibit 3.

Throughout the afternoon of November 9, there were extensive communications between

Plaintiff's new counsel, Joe Nixon, and one of Cook Children's in-house attorneys, Laura

Copeland, about efforts to locate another hospital that might be willing to treat Tinslee as well as

requests that Cook Children's delay the withdrawal. See Exhibit 1, ,r 3.

On Sunday, November 10 at 2:02 pm, Mr. Nixon sent Cook Children's in-house attorney

a lawsuit and application for injunctive relief that he intended to file. Id. ,r 4. The petition is

facially deficient under Texas law in numerous ways and also does not comply with Tarrant

County's local rules. At 2:35 pm, Plaintiffs counsel texted Cook Children's in-house attorney

and asked her to be on standby for a call from Judge Alex Kim. At 2:45 pm, Judge Kim and

Plaintiff's counsel called Cook Children' s in-house attorney and the Court stated that he was

granting the temporary restraining order. Id. ,r 5. The Court did not hear argument on the motion.

Id.

Unbeknownst to Cook Children's much of this had already been arranged by Texas Right

to Life in advance. Upon information and belief, Texas Right to Life reached out to Texas state

legislator Tony Tinderholt - who carries a 100% recommend score from Texas Right to Life 1 -

and asked for help locating a judge to grant a restraining order regarding this matter on a Sunday.

See Exhibit 4.


Tinderholt located Judge Kim, who was in Houston on personal business, and asked him to meet

Plaintiff's counsel in Houston to sign the temporary restraining order.

Judge Kim - according to his writing on the order - signed the temporary restraining order

several minutes BEFORE calling Cook Children ' s counsel and announcing his intention to do so.

See Exhibit 5.

Within hours after the order was signed, representative Tinderholt, alongside Texas Right

to Life, held a press conference stating that the Advanced Directives Act did not fit "with Texas

values." See Exhibit 6.

Thus, it seems that an organization seeking to invalidate a Texas statute arranged for a state

representative who had announced his opposition to the statute to help select a judge to rule upon

the application and constitutionality of that statute. This circumstances would lead a reasonable

person to question Judge Kim 's impartiality. See TEX. R. CIV. P. 18b(b)(l). Thus, recusal is

mandatory.

C. Judge Kim Improperly has this Case Assigned to Him.

Judge Kim' s actions after the grant of the temporary restraining order further call his

impartiality into question. As the courthouse was closed on Sunday, Plaintiff was certainly within

her right to independently seek a judge to hear her application for injunctive relief as allowed by

the Tarrant County Local Rules. However, once the emergency had passed, the local rules and

other procedural safeguards allowed by the Texas Rules of Civil Procedure should have kicked in.

Instead, Judge Kim circumvented these procedures by designating himself to hear the application

for temporary injunction in 12 days' time. Exhibit 5.

On Monday, November 11 , the pleadings should have been submitted to the Tarrant

County District Clerk. See Tarrant County Local Rule of Court 1.03. The Clerk should then have


created a new file and then randomly assigned the case to a Tarrant County district judge. Id.

1.03(a). The rules of random assignment of cases are specifically designed to prevent

circumstances such as happened here, i.e., a party and politician forum-shopping to select a specific

judge favorable to their side to hear a case. That mandated procedure, however, did not happen. I

Instead, somehow, the case was directly sent to Judge Kim ' s court without ever being

randomly assigned by the clerk. Judge Kim apparently sought that result by ordering that the

temporary injunction hearing would occur in his court on November 22, 2019. See Exhibit 5.

Critically, had this case been subject to random assignment as required, Judge Kim would

not even have been eligible to receive the assignment. Judge Kim is the judge of the 323rd District

Court of Tarrant County. The 323rd has been designated as the juvenile court for Tarrant County

pursuant to TEX. FAM. CODE § 5 l .04(b ). As the Court notes on its website, the 323rd hears Child

Welfare and Juvenile Delinquency cases. Pursuant to Local Rule 1.03, the only cases that are

eligible to be assigned to Judge Kim are specific juvenile code issues as listed by statute.

How a juvenile court ended up with this suit - without it ever being subject to a random

assignment- is troubling. Upon information and belief, Judge Kim contacted the Tarrant County

District Clerk and asked for the case to be assigned to his court. After consulting with others, the

clerk assigned the case to Judge Kim - who had earlier been handpicked by the Texas Right to

Life to hear this case - without ever being subject to normal random assignment.

D. Judge Kim Publicly Speaks About the Case and Updates Political Group Supporting Plaintiff.

After bypassing the random case assignment process to obtain this case, Judge Kim then

began to listen to - and speak to - the Plaintiffs supporters about the case.

On Monday afternoon, November 11 , Empower Texans - a political action group best

known for threatening incumbents it believes are not conservative enough with primary


challengers - held a Facebook Live event where it discussed Tinslee's situation and this case.

Texas Right to Life also spoke about its role. The individuals who logged in and listened to the

webcast were listed on the stream. Judge Kim was listed as an attendee.

Moreover, as Plaintiffs petition makes clear, Plaintifrs main argument is that she believes

that the Texas Advance Directives Act is unconstitutional. Besides Texas Right to Life, one of the

key organizations that is seeking to have the Act legislatively revoked is the True Texas Project

f/k/a NE Tarrant Tea Party, headed by its CEO, Julie McCarty. On Monday, November 11, True

Texas hosted a presentation in North Richland Hills with featured speaker Wallace Henry. See

Exhibit 7.

During the meeting, McCarty spoke to the crowd about the organization's fight against the

Advance Directives Act and their efforts to help Plaintiff here. In March of 2019, True Texas and

Texas Right to Life jointly called for the passage of a new Texas bill to repeal the Advance

Directives Act (that bill, not surprisingly, was supported by representative Tinderholt) and also

called the statute "an affront to due process." See Exhibit 8. McCarty told the crowd how they

would continue to fight the law and noted their support for Plaintiff in this case. McCarty then

called upon Judge Kim to come to the podium and speak to the group about this case. Judge Kim

promptly complied.


Pleased with having had her group - which is fighting the Advance Directives Act - obtain

a private briefing from the judge that had just recently arranged to rule on the constitutionality of

the act, McCarty posted about the meeting on Facebook and tagged Judge Kim's private Facebook

account saying:

Julie White McCarty is ~ attending TifP Nov. 2019 - Healthy Church, Healthy Nation Wallace Henley with Alex Kim at Grand Hall at NRH Centre. Mo11cJ.ly ll 7:07 PM· o rth R•chl,md >-tills· 0

I put Judge Alex Kim on the spot to give us an update on Baby Tinslee tonight. You may not know, but A'lex is the one who d id the temporary restra ining order against the hospital using the 10 day rule to euthanize the baby against the family's wishes. We tried to get the legislature to end the 10 day rule last session (and the session before), but they were too worried t hey might offend the Democrats. We will try again in 2021!

The baby Is temporarily safe, but only temporarily. You can read the f ull story here: https://www texas righttol ife .com/end-the- 10-day ru le/


Judge Kim not only " liked" the post, but actually replied to it and engaged in a dialogue with

McCarty (noting his separate conversations with Fred McCarty about the CEO).

Laur.i Abbott Oakley So thankful for Alex and his efforts!

:.ILi Like ()i:) r,

Duhnclle Es::~ry • Laura Abbott Oakley yes I agree, lets make sure we keep Judge Kim on the bench!

3<1 Li

Alex Kim

Totally on the spot. Didnt even know

you knew I was there! ··

3d L!k '

JUii<! Whit t> McC3rty

Alex Kim I have eyes everywhere.

3d Uk

Alex Kim

Julie White McCarty fred

mentioned that one time. ·,

O·· •

1rl likf' 0 .,; •

Julie Aipperspach Anderson Suzanne Castleberry Josey -mought you might be Interested in this update about that sweet baby!

As soon as practicable after learning of these facts, Defendants obtained counsel to

represent it and filed this motion for recusal , which is being made less than ten days before this

case is set for hearing on Plaintiffs request for a temporary injunction. As noted in Exhibit 2,


however, the undersigned neither knew nor reasonably should have known that grounds for recusal

existed in time to file the motion ten days prior to the hearing. See TEX R. Crv. P. l 8a(b )(1 );

Hudson v. Tex. Children's Hosp., 177 S.W.3d 232, 235-36 (Tex. App.-Houston [1st Dist.] 2005,

no pet.) (motion to recuse was timely filed based on remarks made by trial judge one week before

hearing).

III.

ARGUMENT AND AUTHORITIES

The right to a fair and impartial tribunal is guaranteed by both the Texas and United States

Constitutions. See Marshall v. Jerrica, Inc. , 446 U.S. 238, 242 (1980); Rymer v. Lewis, 206 S.W.3d

732, 736 (Tex. App.-Dallas 2006, no pet.); Metzger v. Sebek, 892 S.W.2d 20, 37-38 (Tex. App.

Houston [l st Dist.] 1994, writ denied). This right is codified in Texas Rule of Civil Procedure

18b, which sets out the grounds for recusal. A judge must recuse himself when a valid motion is

timely filed. See TEx. R. Crv. P. 18a(b)(l), 18b(b).

A judge must recuse himself if the judge' s impartiality might reasonably be questioned.

TEX. R. Crv. P. 18b(b)(l); see In re Fifty-One Gambling Devices, 298 S.W.3d 768, 775 (Tex.

App.-Amarillo 2009, pet. denied); Woodruff v. Wright, 51 S.W.3d 727, 735-36 (Tex. App.

Texarkana 2001 , pet. denied). The court considering the motion must ask whether a reasonable

member of the public, knowing all the facts in the public domain, would have a reasonable doubt

that the judge is actually impartial. In re Fifty-One Gambling, 298 S.W.3d at 775 ; Ex parte Ellis,

275 S.W.3d 109, 115-16 (Tex. App.-Austin 2008, no pet.); Sears v. Olivarez, 28 S.W.3d 611 ,

613 (Tex. App.-Corpus Christi 2000, no pet.); see Woodruff, 51 S.W.3d at 736 (reasonable

person standard). Rule l 8b' s recusal requirement is "essentially the same" as the judicial recusal

standard under federal law. Ludlow v. DeBerry, 959 S.W.2d 265, 271 (Tex. App .- Houston [14th


Dist.] 1997, no writ); see Gall v. State, 332 S.W.3d 448, 453-54 (Tex. Crim. App. 2011) (applying

federal recusal case law to construe Rule 18b standard); cf 28 U.S.C. § 455(a) (requiring

disqualification "in any proceeding in which [the judge's] impartiality might reasonably be

questioned").

Judge Kim must recuse himself because his impartiality might reasonably be questioned

based on (1) his extrajudicial public statements about this case, and (2) his procedurally irregular

conduct in bypassing regular case-assignment procedures and causing the clerk to assign the case

to himself.

A. Judge Kim's Public Statements Require Recusal.

Judge Kim must recuse himself because his extra judicial public statements about this case

would cause a reasonable member of the public to have a reasonable doubt that Judge Kim is

actually impartial. Both Texas and federal courts have required recusal where judges made similar

extrajudicial public statements about pending cases. In In re Slaughter, a judge presiding over a

high-profile criminal child abuse trial was required to recuse herself after posting comments and

links to news articles about the case on her public Facebook page. 480 S.W.3d 842, 847 (Special

Court of Review Appointed by the Supreme Court, Sept. 30, 2015). In United States v. Cooley,

the Tenth Circuit held that a judge presiding over a criminal prosecution of anti-abortion protestors

created an appearance of partiality that required recusal when he remarked in a nationally televised

interview that "these people are breaking the law." 1 F.3d 985, 990, 995 (10th Cir. 1993) (applying

recusal standard under 28 U.S.C. § 455(a)). See also United States v. Microsoft Corp., 253 F.3d

34, 109-12 (D.C. Cir.2001) ( disqualifying judge from high-profile antitrust case based on multiple

interviews with reporters while proceedings were pending in which he criticized Microsoft's

conduct, expressed opinions on key legal issues, and discussed his thoughts on potential remedies


he might impose); Ligon v. City of New York (In re Reassignment of Cases), 736 F.3d 118, 126-

28 (2d Cir. 2013), vacated in part on other grounds, 743 F.3d 362 (2d Cir. 2014) (disqualifying

judge from civil rights suit over police racial profiling based on multiple media interviews in which

she criticized the NYPD's "stop and frisk" practices and said "I know I'm not their favorite

judge"); In re Boston 's Children First, 244 F.3d 164, 170-71 (1st Cir. 2001) (ordering judge to

recuse herself from high-profile lawsuit over racial preferences in public school assignments after

she responded to a critical newspaper article by giving an ex parte interview in which she defended

her handling of the case and remarked that it was "more complex" than a prior case, which a

reasonable person could have interpreted as a comment on the merits of pending motions).

The situation here similarly mandates recusal. Judge Kim appeared at a function hosted

by True Texas, a group that is actively campaigning both to have the statute at issue in this case

overturned and to prevent Cook Children's from removing Tinslee from the ventilator. After the

CEO of that group spoke about its support for Plaintiff and opposition to the law, she invited Judge

Kirn to brief the group on the case. Judge Kim was then photographed on stage in front of their

banner giving that speech. There can be no doubt that this conduct would cause a reasonable

member of the public to doubt Judge Kim's impartiality. A reasonable member of the public

would easily be concerned that Judge Kim 's appearance - and photograph before their banner -

demonstrates an endorsement of their views.

Even more troubling, however, is the fact that Judge Kim spoke and a photo of his speech

was posted on social media by the group 's CEO noting that the group "tried to get the legislature

to end the 10-day rule last session" and "will try again in 2021." The CEO further noted, next to

the photo of the iudge to rule on the case speaking to the group, that the "baby is temporarily safe."

Judge Kim then publicly announced his support for this post by "liking" the post and then


commenting on it where the public could see. A reasonable member of the public could see this

as a clear endorsement of True Texas ' s position that the statute must be overturned. Indeed, Judge

Kim's conduct is significantly more egregious than that faced in Slaughter, where the judge was

ordered to recuse herself even after posting only objective facts on Facebook: that a high profile

case was in front of her court and providing a link to a new article about the case. Slaughter, 480

S.W.3d at 847.

Judge Kim's extrajudicial public statements indicating favoritism toward Plaintiffs

position require recusal because they would cause a reasonable member of the public to doubt that

Judge Kim is actually impartial.

B. Judge Kim's Procedurally Irregular Conduct Also Requires Recusal.

Separate and apart from the extrajudicial public statements discussed above, recusal is also

required because Judge Kim ' s procedurally irregular conduct in bypassing regular case

assignment procedures and causing the clerk to assign the case to himself indicates a lack of

impartiality.

This "substantial deviation" from regular case-assignment procedures will "result in a

fundamentally unfair proceeding." See In the Interest of L.S. , No. 02-17-00132-CV, 2017 Tex.

App. LEXIS 8963, at *52 (Tex. App.-Fort Worth Sept. 21, 2017, no pet.). InL.S., the Fort Worth

Court of Appeals held that a judge violated the right to a fair trial when he "accelerate[d]"

proceedings to terminate a father ' s parental rights. Id. at *51-*53 ("In short, the record indicates

that the trial judge badgered DFPS into seeking termination before it was deemed necessary

because the judge, who was sitting as the fact-finder, had already determined that Father was

noncom pliant and would never be compliant based on his knowledge of the prior proceeding and

his personal "expectations. "').


Judge Kim's conduct in causing this case to be assigned to himself is similar to the conduct

that led to recusal in Ligon. In that case, the district judge urged the plaintiffs to file a new lawsuit

under a different legal theory, suggested that such a claim would be viable and would likely allow

the plaintiffs to obtain documents they were seeking, and advised the plaintiffs to designate the

new action as a related case in order to ensure that it would be assigned to her. 736 F.3d at 125-

26. As in Ligon, this improper conduct - especially when considered in the context of Judge Kim's

extrajudicial public statements about the case - creates an appearance of partiality that requires

recusal. See id. at 125.

The circumstances of the temporary restraining order also indicate that Judge Kim is not

impartial. Judge Kim was located and contacted by a legislator that is not only actively supported

and endorsed by both Texas Right to Life and True Texas, but one that is also campaigning against

the statute that is at issue in this case. Then, Judge Kim signed the order prior to hearing argument

(or contacting Cook Children's), allowed an injunction to be entered on a defective pleading,

issued a restraining order that is also facially defective, and only required a $75 bond to cover all

of the medical costs. Judge Kim's partiality is clearly in doubt.

CONCLUSION AND PRAYER FOR RELIEF

For these reasons, Defendant respectfully asks Judge Kim to recuse himself and for the

presiding judge of this administrative judicial district to assign another judge to this case. In the

alternative, Defendant asks Judge Kim to refer this motion to the presiding judge of this

administrative judicial district for a hearing on the motion.


Dated: November 15. 20 19 RespectfuJly submitted,

By:---"-'-~ -------- ---- -~ ~-~ - - ~ THOMAS M. :rvfELSHEUvf'ER Texas Bar No. 13922550

Texas Bar. o. 19261 I 00 sto !!hiU@ in ton.com

GEOFFREYS.HARPER Texas Bar o. 0079 5408 gharper@ winston.c m JOH)J M1CHAEL GADDIS Texas Bar o. 24069747 m~addis ,win ton .com WlNSTON & STRAWN LLP 2121 _ . Pearl St, Suite 900 Da.llas Texas 75201 Telephone: (214) 453-6500 Facsimile: (214 453-6400

ATTORNEYS FOR DEFEND NT

CERTTFlCA TE OF SERVICE

I hereby cenify that a true and correct copy of the above and foregoing document has been

served on Plaintiffs counsel ia their emails as noted below on ·ovember 15 2019.

Joseph M. ixon, j e ,nixonlawtx.com

Emil_ Cook, cmi l , mil cook .ore

COOK CHlLDREN'S MEDICAL CENTER MOTJON TO REC SE -

Cook Children's Medical Center's Motion to Recuse - Page 14

EXHIBIT 1


CAUSE NO. 323-112330-19

TINSLEE BREA UN LEWIS, A MINOR § IN THE DISTRICT COURT AND MOTHER, TRINITY LEWIS, ON

§ HER BEHALF, §

Plaintiffs, §

§

v. § TARRANT COUNTY. TEXAS

§

COOK CHILDREN'S MEDICAL §

CENTER, §

§

Defendant §

§ 323RD ruDICIAL DISTRICT

DECLARATION OF LAURA E. COPELAND

I, Laura E. Copeland, declare as follows:

1. My name is Laura E. Copeland. I am over the age of 21, have never been convicted

of a felony or crime of moral twpitade, and am fully competent to make this declaration. I have

personal knowledge of the facts and statements contained in this declaration and l declare under

penalty of perjury that the following is true and correct.

2. I am the Assistant General Counsel - Hospital Operations at Cook Children's

Health Care System ("Cook Children' s"). I have been employed with Cook Children' s since

August of 2015. It is in that capacity that I learned the facts that are contained below.

3. On Saturday, November 9, 2019, I was put in contact with Joe Nixon, counsel for

Plaintiff in this action. We had nmnerous communications throughout the day about efforts to


Jo ate anoth ho pita tba mi ht b 1 ljng t tr t in~t e Le-v · a ell a req L tbat o ,

hildr n s d lay its de i i n to , ithcira, t milat r fr m Tins!

4. n un pm. llr. i n e t .me a la uit and apph atio

, h nim 11 t. db

At _:4 - pm l re eiv aU from J . e Kim nd c un eLfi .r Plain · ·, Mr.Ni :on.

t ted h 1 h pe hi n it ppear to h .• tba1. . tran fo

f cJ b t mp :rar_ re t

orui · r h .ar 11 st

les 1h n thre minnt ·s.

6. When rec t d a opy of rder l a, th l -

ace rdi.n rr to ·m \\Titte on th or r - th ju ge d ·ie:ned e order e ore Iv a caUe .

1 71, .1 m w rk r 0 f p rj nr th t ili fureg in

Execute i Tarr nt Co, · on the 15t1, , 1 .

~=::~::-_ .... _~ ___ _


EXHIBIT 2


CAUSE NO. 323-112330-19

TINSLEE BREAUN LEWIS, A MINOR § IN THE DISTRICT COURT AND MOTHER, TRINITY LEWIS, ON § HER BEHALF, §

§ Plaintiffs §

§ TARRANT COUNTY, TEXAS V. §

§ COOK CHILDREN'S MEDICAL § CENTER §

§ Defendant. § 323RD JUDICIAL DISTRICT

DECLARATION OF GEOFFREY S. HARPER

I, Geoffrey S. Harper, declare as follows:

l. l am over the age of 21 and fully competent to make this declaration. I have

personal knowledge of the facts and statements contained in this declaration and I declare under

penalty of perjury that the following is true and correct

2. I am a partner at Winston & Strawn. LLP. I and my finn are counsel for Cook

Children' s Medical Center in this action. It is in that capacity that I have obtained the knowledge

of the facts I testify to below.

3. This Motion to Recuse was made and filed as soon as practicable, and within one-

business day of discovering facts showing that grounds to recuse Judge Kim existed.

4. Attached as Exhibit 3 to this Motion to Recuse is a true and correct copy of an

article posted by Texas Right to Life on their web site regarding this lawsuit.

5. Attached as Exhibit 4 to this Motion to Recuse is a true and correct copy of the Pro-

Life Scorecard for Tony Tinderholt as published by the Texas Right to Life.

6. Attached as Exhibit 5 to this Motion to Recuse is a true and correct copy of the

Original Temporary Restraining Order that was sent to Defendant in this litigation.

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EXHIBIT 3


G:Bab · ewis wins more time through ourt a tion I exas Right to P e 1 of3

TREN D! G Four-year-old kill~d by 10-Clay Rule Seo:rch.-

RES RCt S V GIT I V01.Vt0 •

VO\)ARI AT·

M s

BREAKING: Baby Tlnslee Lewis wins more time through court action c..

'EWS

Readir.g lime: l m\n te

court t empoI 0nly r<1 •ed more tlm! for Tins lee lewis before er ospila! could legally pull the plug on

tM 9-l'M'.ll'flih d ·ga',nst t>er mcther's .,,11. a,,;ye rs provided by Texas Ri,gh· to Life filed a · emp rary

reiiramin5 ord~r en 5 nday. w ich ill ailow our pat.en\ ad ca,;y e to ~o:k with he hospi@I and

fa 'ly until a (Gun hnaring on November ].2.

Thank you to ev;;ryone who called, emailed. and prayed for Tinslee Her mother. Trlnity, i• gr tei\JI for Is

repril?Ve. btit he ountdo Nn u n er the Te as O-Ooy Rule s I forces eve,yday Tex.,ns like the L -~,s family

to f'ace ag.>ins· the dock to S<!Ml their loved ones.

Now, Pro-U fe Te,c.ins m ust call Ol'1 Govem:,r Greg Abbott and the Texas l egislature to con ene a speci I

$e:ssior. •to <end t~e dead y 1 Day Rule. Use the below form o c-ontaa your legislators.

Find Your Legislator

Address:

City;

t~t~:

2.iP Cede:

Find Legislat0r

DO' IATE

Donate

WhyGi""

What Your Money Suppo,u

E\' 5 UG L.~TION EOUCA N

_VB:.~••• • 9

Fou,.yur-<>l<I kmed by ,=~r Aul•

caregtver

BREAIQNG: Baby Ttnsl°" Lewis wins

fflOll t•me through cou:t action

11/ 15/2019

EXHIBIT4

Cook Children's Medical Center's Motion to Recuse - Page 2C:

. * . --~---

TONY TINDERHOL T TEXAS HOUSE DISTRICT 94 (R-ARLINGTON)

, .-~ Vot,c,c1 Pro L,fe

PRO-LIFE SCORECARD FOR THE

86TH TEXAS LEGISLATURE (2019)

Total Pro-Life Score:

C Ant,-L,fe

D Pro-L1f,c,

Key EA cc E.~cuseci Absence. UA = Unexcused Absence. PNV =Present.Not Votmg and Ctiair = Pres,dmg at the C/Jcw dunng the i,o!e

The Regular Session of the 86th Legislature was abysmal for the Pro-Life cause Although Texas Right to Life . grassroots leaders. and voters pr1ont1zed only four Pro-Life bills . Just one bill (Senate Bill 22 , which should have been significantly strengthened) passed and was signed into law. Speaker of the House Dennis Bonnen . who announced his retirement under a cloud of corruption , and his leadership team actively thwarted Pro -Life issues from reaching the House floor for debate and passage-a shocking show of pol1t1cal malfeasance In light of tl1e rro-L1fe record achieved by Sonnen and the ma1onty of House Republicans prior to 2019

Two prionty Pro-Life bills passed the State Senate and then died in the committee process in the State House Because of Speaker Bonne n's blatant betrayal of the Pro-Life movement the only way to confirm whether 1nd1vidual representatives supported these is to score co-authorship of these two Pro-Life bills HB 2434 companion of SB 1033. and HB 3158. companion of SB 2089. House members were repeatedly urged by constituents and by Texas Right to Life to co-author these bills and thereby signal their support Consequently . members who failed to co-author these bills received a six-point penalty on their final score for each Pro-Life priority bill they failed to co-author

House Bill 1 by Representative John Zerwas (R-Richmond)

The state's budget for Fiscal Years 2020-2021 .

House Bill 1 passed both chambers and was signed by Governor Abbott.

Motion Description of Motion

./ Amendment 52 by Rep. Matt Krause

Increases the Pro-Life Alternatives to Abortion program budget by $52 million over the 2020-21 biennium. {Supported by Texas Right to Life)

Points Potential Earned Points

3 3

For more information, please contact Te)(es Right to Ute at 713. 782.LIFE or [email protected]. TXRTL.com Page 1 of 4

Cook Children's Medical Center's Motion to Recuse - Page 2[

Amendment 53 by Reps. Krause, Klick, Patterson, Stickland. and Oliverson

.I Amendment 54 by Rep. Chris Turner

Amendment 287 by Rep. Valoree Swanson

Amendment to perfect and clarify the $52 million budget increase for the Pro-Life Alternatives to Abortion program. {Supported by Texas Right to Life)

Removes the increase in funding to the Pro-Life Alternatives to Abortion program and takes an additional

, $20 million from the original program budget. (Opposed by Texas Right to Life)

, Prohibits state funding for hospitals that provide elective abortions. No vote was taken on this amendment, but members could make their opposition known by entering a statement in the official Journal of the House. RepresentatNes who registered their opposition to the Swanson Amendment earned a 3-point penalty. (Supported by Texas IR1ight to Life)

House Bill 16 by Representative Jeff Leach (R-Plano): The Born-Alive Infant Protection Act

Ensures medical intervention and lega1l protection for children born alive after an attempted abortion.

House Bill 16 passed both chambers and was signed by Governor Abbott.


-.I Second Reading Vote · Vote to pass House Bill 16 to next step iin passage. {Supported by Texas Right to Life)

Th•ird Reading Vote Vote for final passa,ge of House Bill 16. (Suppo:rted by Texas Right to Life)

For further information, please contact Te as Right to Life at 713. 782.LIFE or [email protected].

Cook Children's Medical Center's Motion to Recuse - Page 2C

TXRTL.com

1 1

1 1

0 -3

Points Potential Earned Po nts

1 1

1

Page 2 of4

Senate Bill 22 by Senator Donna Campbell (R-New Braunfels): The No Taxpayer Funding for Abortion Act

Prohibits state and local tax dollars from funding or benefitting the abortion industry

This bill passed both chambers and was signed by Governor Abbott.

../ Amendment 23 by Rep. Jonathan Stickland

A series of 19 loopholes for taxpayer4unded contracts with abortion clinics or certa in services. (Opposed by Texas Right to Life)

Clar'ifies that Senate Bill 22 does not restrict cities or coun1ies from prohibiting abortion. (Supported by Texas Right to Life}

../ Second Reading Vote Vote to pass Senate Bill 22 to the next step in passage. (Supported by Texas Right to Ufe)

Third Reading Vote

Additional Votes

Members could record their opposition by entering a statement in the Official Journal of the House. Representatives who registered their opposition to Pro-Life SB 22 earned a 3-point penalty. {Statement opposed by Texas Right to Life)


✓ Floor Amendment 4 to House Bill 1504 by Rep. Steve Toth

Coauthored top ProLife priority House Bill 2434, the Preborn NonDiscr,imination Act (PreNDA)

Subjects physicians to disciplinary measures and possible loss of license if the physician does not make reasonable efforts to transfer a patient. This amendment applies when the 10-0ay Rule has been initiated and patients have a limited number of days to transfer to a new physician or facility before their life-sustaining treatment is withdrawn against their will. (Supported by Texas Right to Life)

While the bill to prohibit the remaining late-term and discriminatory abortions in Texas did not receive a vote on the House floor, members were asked numerous times by activists, their voters, and Texas Right to Life to show their public support by coauthoring the bill at any time during the session. (Supported by Texas Right to Life)

For further infom1ation, please contact Te es Right to Life at 713. 7B2.LIFE or [email protected]. TXRTL.com

Cook Children's Medical Center's Motion to Recuse - Page 2[

6 6

1 1

3 3

0 -3

Points Potential Earned Points

1

6 6

Page 3 of 4

Coa.uthored Pro-Ufe priority House Bill 3158 to repeal the anti-Life 10-Day Rule

Anti-Life legislation or amendments

Anti-Ufe speech

White the pro-patient's rights Pro-Life priority did not receive a vote on the House floor, members were asked numerous times by activists, their voters, and Texas Right to Life to show their public support by coauthoring the bill at any time during the session. (Supported by Texas Right to Life)

Penalties for anti-Life amendments to Pro-Life bills on the House floor, or authorship of anti-life bills. (Opposed by Texas Right to Life)

Pena,lties for anti-Life speeches on the House floo,r. (Opposed by Texas Right to Life)

6 6

0 -5

0 -5

Total Points Earned 30

For further information, please contact Texas Right to Ute at 713. 782_L/FE or [email protected]

Cook Children's Medical Center's Motion to Recuse - Page 2c

Potential Points 30

' . 10-·0°1 · .. ,.,:: · .... ' . IO ·

·• :-~ ... ---~· _l:._.•_ •. -:• _,:-. • ,,.. ,_ ' .:•. . ~

TXRTL.com Page 4 of 4

EXHIBIT 5


TINSLEE BREA UN LEWIS, A MINOR AND MOTI-IER, TRINITY LEWJS, ON HER BEHALF

PLAINTIFFS,

C OOK CHILDREN'S MEDICAL

l '.Jo:NTER,

DEFENDANT.

Cause No.

Cause No.

§ § § § §

§ § § §

IN THE DISTRICT COURT OF

§ TARRANT COUNT\', TExAs

f~i.n ""/~ c.,,..,,i.-:--o-,.l

FJ...., ta 1 z..st."t € .., ~'{ ,:.. p,,,.. ,

@

'3XJ~ JUDICIAL DISTRICT

ORDER GRANTlNG PLAINTIFF'S TEMPORARY RESTRAJNlNG ORDER

On this day came to be considered Plaintiffs' Verified Motion and Application for

Temporary Restraining Order and Injunctive Relief (the "Motion"). After examining the verified

pleadings and holding a hearing of which Defendant had notice, the Court finds that the

requirements for the issuance of an extension of time under Chapter l 66.046(g), as shown.

More specifically, the Court finds evidence that Plaintiff is entitled to the issuance of a

Temporary Restraining Order to protect and preserve the status quo. Plaintiff is suffering and

will continue to suffer irreparable harm if Defendant is permitted to remove life sustaining

treatment from Tr.inity Lewis. Plaintiff will be irreparably injured, and suffer loss and damage

by likely death if life sustaining treatment is removed.

17


Such harm is imminent because if an injunction is not entered, Defendant may remove

Ii re sustaining treatment on November 10, 2019, which wil I kill Trinity Lewis_ Plaintiff has

demonstrated a likelihood of success on the merits ofthis case and a balance of the equities

st rongly favors the granting of injunctive relief in order to preserve the status quo ante.

IT IS TIIEREFORE ORDERED that the Clerk of the Court issue a Temporary

Rc.,training Order.that Defendant and all of their respective agents, servants, employees,

representatives, attorneys, and all persons, firms, corporations or other entities acting or

purporting to act or acting in concen or in participation with them who gets actual notice ohhis

Order by service or otherwise, are hereby ORDERED and ENJOINED to cease and desist all

actions of any nature to pursue the removal of Trinity Lewis through

/J,,.v. 23~7 2P l"'- e ,\si:t e·~. Once this Order becomes effective. it shall remain in effect for a term of fourteen (14)

davs or until further order of this Court.

BOND

IT IS FURTHER ORDERED that the Court clerk, upon the filing of a bond in the

...,s~ amount of $ _ _ r _ ____ (or cash deposit in lieu thereof) and on approving the same

according to law, shall issue a Temporary Restraining Order in conformity with the law and the

terms of this Order.

TEMPORARY INJUNCTION HEARING AND TRIAL SETTING

IT IS FURTHER ORDERED that a hearing on Plaintiffs' request for a Temporary

Injunction is set before the ,:n~udicial District Court, Tarrant County, Texas on the

,")/J ,._. ~ OU .J _,..._.~_-_ day of May 2019, at_,..-=-- a.m_.Q in the 121 District Court' s courtroom located

~· ~IM1',0 ~ . ""f61tl €' in the Tarrant County Courthouse, IQQ E Wcathe, fo,d SL Fort Worth. TX 7'-4-%.

18


l he trial on the merits is set for the J., T" day of J" ..,.r. 20 at;,

II is FINALLY ORDERED that the Clerk of the Court shall issue all necessary. writs.

Signed this IL>-6- day ofNovember, 2019 at ('-{: '-l_.(_ ~ -6·

19


EXHIBIT 6


d Issue, rd ·r Pr , enting 9- font - u insle om Being , aken 0 an Page 1 o·

t1dge Issues Order Preventing 9-Month-Old Tinslee Lewis fro111 Being Taken Off Life

upport

!!'rant County Judge Alex Kim signed a t emporary restr: ining orde P" 1•enting 9-mon h-old Tinslee Levi s fr om being

li:en off life support at Coo Children's Hospita l in Fort Worth.

,RA MCCON EU OVEMBER10, 2019

nky e•,, s, mot er~ Tlnsle , sp aks ar a pr S< confer nce .,,.,cJay "Vl!ning a5 Rep. ony , ol (R r l' gron) /ooh on. (The TeJQnjBob 'I Rodrigu~z)

POSTS REWJ\I ING

urs beforsJeiB1Wi\~old Tinslee Le, is W s scheduled to be taken off oflife support against her family's wishes at Cooks Children's Hospital in Fort Worth,

1rrant County Judge Alex Kim signed a temporary restrain ing order effecti,e through November 23 preventing the hospital from withdrawing treatment

. .. t f LOGJN , ,, .. "'· , . .._ - ., ,. '"' 1 ""'" t • t •r "'• " t , •

ps:/J~ te~~ctmb]~,{~$«ll~~~~m~-old-tinslee-lewis-from-being-taken-off-life-support/ 11 /15/20

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im prem tur ly, baby Tinsl u. fer from Ebsrei_n anomaly, a rare heart defect •causing he1 heart. to press agalnsr her lungs, requiring the assistance o a

ntila or to breathe.

, team of Coo Children's doc tors nurses and staff have give.n their all to help Tinslee. 'Whi:le we believe every child's life is sacred, we also belie e that no

,ild ·houlcl be cntenced to a life of pain. Remo ·ng this beaut: ful •ch.ild Erom mech nJc I entilation Is gut-wrenchmg decision for Cook Children's

1ysic\ans and staff, however we feel it is in he:r best inreres to free her from artificial, medical inte:rvention and suffering,~ Cook Children·s said in an official

atl'ment

Get Your First Month of Unlimited Access for Free

SV BSCIHBI!: NOi'<

accordance •with the Texas Advance Dfrec:tives Act, the Texas W-Da Rule authorizes hospitals ~o rovirle t n days of advance notice to the families of

,tients for , hom they determine there to be no path 1:0 recove .. ' before they stop providing ar~-

1e ten days are meant to allow families time to find a different healthcare provider or seek a •court i.n'unction.

1partantly, however, hospitals can choose to delay or continue treatment at any time .

,e provision has been criticized by organizations and lawmakers alike for b ing outdat d in na ur nd not providing uffi lent ti e for the f mili of

1tients to find ltemative he· thcare and/or seek legal assistance.

,e Carolyn Jones case earlier this ear highlighted the difficulties that the law's time frame 'Can pla.~e on families seeking to find addit ional tream1ent .option~

r th ir loved ones .

. a press conferenc following the announcement f t:h r straining ord r, state Reps. Tan Park-er (R-Flower '.',Jo md) and T n. Tinderholt (R-Arlington),

ngside representatives from Texas Right to Life, described the Texas rule as not fitting wwith Texas value ."

:xas Right to Life non-profit advocacy organization that ,r.hainpioned endjng the Texas 10-Day Rule eadie,r this ye, r during the l gislative ession, is

rren tly working on behal of me Lewis amily to provid lega assistance.

ior ro today's restr ining order, the organization urged the public -o contact the administration at Cook Children's in an effort to convince the hospita l not 1

mov baby Tinslee from life up port.

)UTS befor baby Tinslee was scheduled to be taken off life sup port, Kimberlyn Schwanz, a rep esPnta ·ve ofTe-xas Right ta Life working dose y with rhe Le'<I

mily, described the farnil a:nd organization as "racing against the clock ... praying these are n t Tinslee's last. mom nts;''

1e continued by discussing the h~tilitywith whkh the l ewis family has been treated throughout Tinslee's time there, attributing the "disdain toward the

mily" to the p~ic att mion the cas has drawn. '~MA IN-

a statement for The Texan, Rep. Tinderhol t echoed similar senwnentS describing the treatment ofTinsle 'smother in particular as •despicable .~ SUBSCRIBE

:cordil"\gto Rep. Tinderholt, Tinslee's mother t Id him she was forb idden from taking pictures of Tins lee by the charge mrrs at Coak Children's who ci ted

1hl i(lrv rici ~ttP11rinn g-a m PrP.rl hv rhP ra. P. as thP has is for her rlecfalon. :ps ://thetexate~~iss.ueSeOrdct.1ptllil'MC)~e9~ -old-ti.nslee-lew:is-.from-being-ta.ken-o ff-life-support/ 1 l /1 5/2 0

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EXHIBIT 7


1

Events

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We won't suppon this browser soon. For a tN!tter •xperi•n<:e, w• recommend using ano~r browset. L arn More

11 TTP Nov. 2019 - Healthy Church, Healthy

Nation Wallace Henley ?ull!ic: · H sled by Texu PfOj

Monday. Novtmb.,, 11, ZQ19 at $:30 PM- 8: 0 PM 3 d3 ,;-o

Grand HaO al RH Cemr· .. (OM Aw:,-;, ~J.f\_j h , C'JC 7o l SO

A bout

Oetafls

What a blo our speakl!r for ovember I\M! Wallace Henley the pe:rte<:t elt4mple of how lailh and poli~e& SHOULD lntenwln W.tll ,s 111$1ory in lhe Nixon ~-Wte House. tiwe as in chufch le~r..hip. lie hai een irisight and fasei~ stones to share Willi us. Haven'1 we all often said in vanous ierms ll'lal America needs spiritual healing lf 4 is to have cultura healing? Tnafs the passion of W.U.oe Heney. Jo.n us to team a 1,ttle ••• and be in1pd'ed

Tn.ie Texas Project Speaker: Wallace Henley Monday, Nov 11, 2019 6000 Hawk Ave . NRH

S:30-6:00pm - prayet me.!ling (open to all)

Help us Improve our evenl categories

Is I s event; kid friend\Y?

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Skip No Yts

True Texas Project-Alxxll waJlace Heniey\lVallace Henley was descnbed by his pa,tor. Or. E:d Young, II man O "k O !O!Jghl into popul.:tr culture couple<! wiih biblic.al wisdom: The tall! Chuclt Colson descnbl!d Henley as someone Who understoOd Washin!11bn weU. Un,ver .. ry ol Tennessee hi$tori n Larry Ingle, in II book on Nixon \"lhite HouH. Where enley served. commentl!d on Henley's book. llle INhile Hou.se My5.!ique. Prol<!$SOI Ingle not~d Henley's "riveting inSights· reg:ll'ding the presidency, the 1M1,1e House. and power. Henllly's lnslgllt and wisdom have come truouon a career ol mote tnan 40 years that has •n'ldudl!d ,st-Nice In the Churdl. the

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in Binningham. Al3bama, December 5, 1!141, two clays before rlie Peatl Hatbor anack that brll<Jgt,I Int! United States inl<> the Sec;)lld World w,,r, His ChHdhood and )'OUlh w.re Alul'a\ed ., the e11101 or tne \'Vitr He.,. , raised in 3 ~n.111 -pa:enl hOtne, and his molh~r. a de\lOted CMSllan and strong leader kepi him in el'IUrCh Where t-,, could De under !tie 1nnuence of soGd. godly men. Many of !hem . _i were tijtU/Oin!) eter.ins. -and Henley aeveloped earty a passlor ~

ag 2

t,y 10 undersland the dynamics of natlons and hlslory.Hc holds ~ C~:umaon 2p, Se BaCl\elor or Ms ~•ee and the Ma•ter or Arts Degree {Wth H~ Oistlnct!on) focusing on iudershlp studies. Henley·• !omlal A . eduGa~0/1 was l!\fl>ugl'I Samford UnMersity, e,nn1ngh-.n. ,_., • sou!hw ~= B;ipust TheOIOg:cal S m,nary. Fort Worth, T- • , and ,3 joint MA p1ogram of T rinq, Theological Semlnaty (USA) ~ SJ BJ

-Ca.iert,ary CMstchlltcll IJl\lvers\iy College {England) The EI!oouraijer 9, Col e, N~ Deihl {No"3.I), ln<llll, 1>warded "' anon IU n Hel>!i,y 3n l'lonorary doctorate tor 1>,s cootribl!llon I<> 1h ttalnlf\g and ,equi;,ping or lead~ ,for oevelbping natiOM. "Hei\le)"s work k!ti':. n • , p ~ i'ntomp,ns,,d the following iMCH:Churchl\lali.a<:e Henley tun ~ is Senlor Associate Pw.or al 1-touston·s Second Baptist Churct • Tllo G9.~rn~r eonoregaoon ,s l<>d by o,. Eu Youn,g. Hen e1 has !ready served as senior paster for r111mhes in MIilam a i ens. and brier.y ill e~rope. From 19&3-1985 tie WH Preslder ,t the m.llllln-<n.mbcr Al bal'rt:a 8 ptlst

, ,.

Conwntion.Govtm'ane6VlbU:lel! Henll!v w.:is a 'Mille House raid · 1970.1973. Ho :helped desian and .-,,p:..nent Che mosl -plr o ~I OU'egreg~on in American history He<iley ~to usl,tecl • et; '"'" ~n11al con-•5pondenca and sUMemtntt. He was a surtogate' • ~po;iter tor lno PresodM! lhn>ughout lhe n'ltllon, np~nlng 'Mi i House policy. mnd coordinm9 with pub1ieor11aninlions. Henky · also ser,,ed as District Diredor an<! Act:ng Cl!!ef of Srall tor U.$. , Repte$e!'ltatrve Jollli Culberson of T ,....,. 71h Congressional

er 41

OistJict. Throu9h hl own LcLC Wabce Henley has """'"d a ~ ~ mar,agemen,~aders,t,;p consultant lo local 9ovemmen1 19enc~ ,J Kad °""'• l!ei,nflr i.ic:lllding a Harris Coullly •ney ;n which he guid~d A

lmplementa',0il of_, organlzaC>Onlll :; K•s.t>oh r l !OI>~ •-uring Jouma!i~mwallaee Henll!y Is a Cblum~ for Tht CM5lian Post. His ~lumn. -Critical Confluences,• e,q>!0<e& ltMt confluence ol c:o:rer.t e.-ents.. tu~urai trends. and 11\e biblical

:::-:-~!: r:d :~::,~,t:::;~~-pe=.h~ • T,i~m .f•

C011'!red the eivij riol!ls crisis of Ille 1980s. an11 wrote eda.orials l.)iy'~ GP-"'d columns. fl well :as sel'\\ng ·as re~gion tdilc>r. ~ has be~ = •• H.rg:

c11ed in or W/ltten for Chrisban1ty T aday. The Wal! Strei Joum,•. lead~ Joum$l. ond numerou~ other GROUP COt.VERSATtONi

publieationsAcademlawallace Hen!~ was Di!tector 'Qf Public Relallo!!s arn,e Un, erslly of M • 1956-1968. e os now n a:jjul!CI proles!S« of wond\.'iellil stu~;e. at 8elhaW!n Univ«sl~ He i1 a member of tt,e •B~ for !ne Cen111r ,for Chr,stianrtv in Buffl u at 'Houston Baptisl University, He has spoken at lell8ral maJOt unive,$llies. indtlding Bavtot, Sam~. ,lhe Unlver:li!y of titan, and IA.irquettc University 1,n MilwauKee.PubllshongWauce Henl r., a prolofoe author. ,h.3Yi pu.D~shlt<I more lh;s, lOboo".s. H~~•llms publishl!d Henley's Globequake: Living in lhe Unshakeable Kingdom Wh,le the \110<1<1 Falls Aplin in 2012. Thi s book explores glOl:,111 change and how the live secto!S of Chun;!,, Family. EduQbon, Govemance, Busineu-1.t:u1te1:>lace can rema,n st:al) e throu h appcicution of t,,bllcal pnncipl s. Henley ls ,:a-author wl:/1 Jonaihan Sandys, g•eat-grandson of Wnsion Churchill , of God and Churchill. How Iha Grea1 Leadlif's Sense of 0!11ine ~tiny ChangN His Troubled World AJld Offen HOJI" for Ours. Thi bOOk ,.,;n lbe published In October 2015, and will be the first spiritual 1>io9rapr,y ol Britain's waitime i>rime Liinister. W!nston Churchill Henley h::is served as a cctiabocallve wril r f0< O<. Ed Young and otheJ ie.der on lheir bookS.l udorshi? dewtopmenfWlllla Hcni&y'• pa$Sion ford-iOj)lng tnlr~$lruautt ieadeBnip ror r.abons worldwide W!IS insp,red througr, h,s paiticipa• on with O·. JGhn Hai:9 ana Hagga I srituta. Hel\ley 111e1 Or. Ha11ga 1n 1969. an<i ln 1971 , trav lt'd..,lhDr. Haggai aroundlhewond. nd• ugh1 at H•~gal lns1i1111e l<'adeBllip seminars In S ingaJ)Ore. Henley cevalaped Headwa,.,,. Leadership instt1.1te. rnrough wh,ch he 1,as C<)Oduclitd WOn<ShOl)S 111 22 natiOns. He has w <Id closely .. ~h Ille Ch~se Christian 8usinc,ss Assoc.:itlcn, ssisllng the rap10l,t expanding buslness enlrepreneur$11ip in China. Vl.'hen Communism coflilpsed In !he early 1'990s Henley lni"veled thror.,ghoul the ok Sovie! Bloc condlJC!ioQ leaaership ltlllfling He hzs 31so ">orlte<l e>11ens1 ty rn Afric.,. ASt3. 311d ~ nlf\ll Amenca.Award}ln 1 ~ llill Presbytedan Ctnrrch ln 1he US named Henley lhe nation's top rerlglon wnt r In me da,l,, IICWS~r category. In 1973 111e AsS06a1ed Press presented Henley its h~hest nPWS-wniing awaia in reeog"itlon ot hl CO•el'aQll cf Illa o Iii nght;o c:Mis in '8irm:ng~n1.

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11/15/2019

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EXHIBIT 8


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March 13. _019

D ar H norable M mb rs of the T ·as Legislature,

ln the im rveoing t\- o year ince the g5ui Te ·as Legislature more T ·an have rallen prey to the Texas Advance Directives t T DA) while a nsti'fiitional challeng awaits argument in a Te ·as appellat court. Lack fa tion by th Legislature has left lnerabJe ho pitalized pati ·nts a ross Tex defi n.sel s against this unjust, imbalanced. and unconstitutional law.

This law has been abu d to peed the d aths of patient like Breanna, a _6-year-o ld with multiple sclero is who as in the hospital following a stroke. Brcanna's ph i ian asked his own hospital commin for p rmi sion to remove her ventilator. When elaborating on his reason he asked ' ·[W)h , ants olive with multip l s I ro is?' fter her family ught Texa· Ri0 ht t Ufi ' help and interventi n, Breanna was wean ·d fr m th cntilator within 48 h urs a11d stab! enough to return horn t h r famil •.

Currentl Section 166.046 of the Texas Health and Safety Code authorizes a physician to withdraw or withhold life-sustaining medical creatm nt from pati nl

against the pariem·s .lear instruction through an advance directi e erbaU , expressed medical decisions, or dire ti n of the patjem's surrogate. The ph si ian simply mu c obtain approval of th hospital's elf-appointed and self-gov med ethic committee l withdra treatment for any reas n at all and start a 10-day cow1td \ n. After the lO days the ph sician is legal! p rmitted to forcibJy withdraw basic life-su rain ing treatment, despite the wishes or directi e of the patient or surrogate. During the countdown period the family bears the weight to transfer their lo ed ne to another facility or physician ii ling to provid the necessar treatment. Aft r 10 calendar da_ s ha c passed, th ph si ian and th fa ilit ha e absolut legal imrounjt)' to v ithdra and deny all life-sustaining and medical treatment undeniably ha tening or even causing tbe patient' s death.

lnstead of fo tering an atmo·pbere of trust ommunication, and r solution t treatment di agreements b t een providers, patients and their famili , the l 0-day countdo, n fo ters ten ion and discord between them--always with the patient n the losing s ide. This law i !ates the Pro-Life principles of respecting the onb and dignity of each indi1i idual human. The state undermines respect for thl:l dignity of vuln rable patien \Vh nth uthori t arbitrarily and unilateral I overri th li.fi and death medical decisions of patients and their amities is gi en to d ctors and ho pital committees. Consequently, numerous Pro-Life medical and bioethical experts have condemned TADA for the inclusion of the lO-day pro ision.

Therefi re v e, the undersigned, re pectfully urge the ex.as Legislature to r p al the unethical ·'10-day countdown" clause in Section 16 .046 of the exa_ Health and

afety ode during this 86th Session of the Texas Legislature.

Senator Br. an H ughes and Representati ve Richard Raymond ha filed B _Q89 and HB 3158 bich ould leav intact the process of allowing ph sicia:ns to raise ethical concerns about treatment decisions wh.ile stiH protecting the Right to Life of


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patients. The bi ll would a ll w physician and hosp ital comm ittee to transfer a patient whjle respecting th de i i n to maintain life-sustaining treatment unti l th pati nt can be saf ly transferr d to anoth r fa il ity.

o other state bas a medical ethic law a egregious as exas ' s that violate the patient's Right to ife and n titutional right to due proce . Tn fact , 12 th r state e plicitl. r,.;j ct the framework effectuated by TADA AL, FL KS, 10,MD, l\i , MN, H , OK OH and W

We respectfu ll request that you and your offic become in olved in the passage of this ital m a ure.

hank y u or your consideration.

James J. Graham P r sident Texas Right t Li fe

James Dickey, Chairman Republican Part of Texas

Bobby chindler, President Terry Schiavo Life and Hope et\vork

Rick Scarborough, Founder ision merica

Carol Tobi as, President 1ational Right to Life

Julie Mc arty P resident Fran Rhodes, "VP itizen Advocate Coordi nator NE Tarrant Tea Part

1ark . Ramse, P. ·hair. _Q 18 Republican Party of Texas Platform and Resolutions omm inee

Tim Lambert:, President Te Home School Coaljti n

Saurabh Sharma, Chairman Young Conservati s of Texa

Hannah fehta, Executi Director Protect T Fragi l Kids


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Trayce Bradford, Pre. ident T xas Ea0 le Forum

JoAnn fl ming, Exe utive Director Grassmo m rica - We th People PAC

Ri bard and Yv tt D Otte, , under Li' e Edt1cati n and A tion

Ann Hettinger, tate Director Concern d Women fi r r merj ·a

Kassi De Patrick Marks, JD A ttomey and Pro- ife Adv cate

The Mo t Reverend Rene H m Gracida Bishop Emeritus of orpu Chri ti

Fr. Joseph C. Howard. Jr. l\ ta! beologian and Bi thi isl John Paul th Grear Bi ethi s Cammi ion Professor of Bioethi.cs Louisiana State niversiiy in Shre eport

Dr. David Hargroder, M.D., Bariatric and Trauma Surgeon John Pau'I the Gr,e,at B ioethics ommission

Dr. Elizabeth 0. ickham Executh1e Director, LifeTree. ,rg

Ju lie Grimstad, President Healthcare Advocac and Leadership Organization

ary Angela K.nau M.D.

r-.Jlart Long, President Fredericksburg Tea P rty

Texas Ethics and Religious Liberty mmittee South m Baptists f Texas C n enti n

Te sa Stra k, Dir t r Mont:::-om r_ ount_ Right t Life

Phil Sevilla President Te ··a Leadership ln tirute fi r Public Ad ·ocacy


tat and nati nal I aders r Te' bi31 atien · ' right: I T ·a Ri ht to ifr Page l of4

TRENDING N w USCor ·•r.ss ·11 wou · i:. - t tt b b.u wi oo.-in wndro "fr ... s- r .. Q

I NEINS GET IN O VEO ~ AS'OlJT •

UNITED to END the 10-DAY RULE

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~ • State and national leaders call for Texas biU 10 pr,otect patients' rights

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Dozens o stoate and nanonal leaden a d r anitatiGns ~all g for the pa~ a t,;rt to rep al the

aNl• ·;e 0-Qay Rule. The ~spea.ng lexilS Pat!en:s' & t to ·te a ~ai flt d in the T'tl(as S a -e

l gl lature s H63 S8 by epresm t,ve Ri ard Raymond {0· ar d l nd SB an

ghes (R-M,netila). 'The ct w II Imp lement a d

rll;11ts Te a!. Ad ante Oired.ve A.a.

ont1,Ufe and antJ-patient'

Cu,rem T~ • low p-r<> ·,:1 s ~.uu o,y pro,; s by ,,,1,1,h r, physidan or ha 1!41 ,s perrn. tted 10 wilhdraw

b;,slc lofe-w=ining trcatrn~nt agains1 the c~prl!.ssed wishes of p~rlent o, hu legal svrro ate. nd r tht

ician Jnd hospital unilll:e~I

nded dc,•m by (he committee, a 0-day ,aun dawn

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The letter released tod.> futures a d, erse cc . • on of le ders and orga za Ions who agree the

unprecedented Texas 10-0ay aule should be repealed. The le tter includes prestigious n.it,onal groups like

National lli.g t to Life and the Terry S ia o Life d I-lope Nt i,.'vork os wel as Texas-focused ent ties W,ce the

Repuhl,~ n Pa ofTen s nd Conc.erne Wome:n or ~.merka o f e~as.

Ofi~·nlta ons also jo n lh le ter lndudin the onhea>.1 arr4nl Te~ P and Fr d rkksburg Tl!a ?arty.

Grassroc!.ll luders fik e Richard and em! DeO e of U e Educ:ation nd • ttion and Jo n Fie ,rig of

Gra~sroots Am erica - We e Pi!.Oplij PAC hiive s;,;ned on alo·nJisit!~ me ·cal i<pertS such as Dr. David

H rgrocter.M.D. ofth~JohnPa I th Gre tB cs C:omm,ss n nd Juli~G mst dof th Hal are

Advorn:y and L dersh p Org n1:~ti n.

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tate and nati nal lead ~rs ca . r e 'as ill t pr te t p tient ' rioht I e "as Ri 0 ht t Lin Pao 2 .. 4

egal cxptrt:s, grassro ts le ders, medical p roiessioM!S.. nrl potlt1c I leader.; • Ille have all •chosen to jo n

chelr vo ces and spe•a o t against this unjust rul~

res ct lly

c'Onvicuon has pr ml" ed us t sef\ as patient a

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personally for these pa ·ents an!l fam ,l;es I o contact us in tlie,r most d~er,ite time of need.

~orthc lake olr.he coundess T ans victi . ~ each car, l •10- y Rule• must not sUrviv• .1nother

legl$1~t scs"Slor, Clkk here to read the hiu«er in support of Repu ting the Tcn•D•y Rule.

t11pcrts, Pro-life, or gr uroou I ad rs can add your signatur to this 1,me r and nli on the

legislature to re.peal the 1u1ti-life 10,Doy R 1 In th TeJtU Adv.a nee Dlrectlv s Act by mailing

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Help pass Pro-Life bills. Sponsor t he Texas Right to life legislative team lobbying in Austin on your behalf.

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