By: Audrey Morton

The controversial Texas Advance Directives Act, passed in 1999, allows doctors in Texas to stop life-sustaining treatment, after a 10-day waiting period, even over the wishes of the patient’s family.

Texas Alliance for Life’s Executive Director Dr. Joe Pojman said they, and other legitimate pro-life organizations, do accept the concept of brain death.

“So sad for this family. It’s a tragic case. They’re doing everything they can, understandably, to try to help their daughter. The simple reality is that the daughter is no longer with us. And, there’s nothing that can be done to change that,” said Pojman. “The family is struggling to find a solution. But, the reality is this poor girl, Peyton, is clinically, medically and legally dead.”

Reportedly, more than two dozen facilities were asked to take her, but have refused.

“Death, including brain death, is a condition that everyone will eventually reach. We are very sad for Payton’s family who are no doubt experiencing immense grief,” said Pojman.

By: Todd Ackerman

In a victory for Texas’ medical community, a Harris County state district judge Friday rejected a lawsuit challenging the constitutionality of a state law that allows doctors to withdraw life-sustaining treatment against the wishes of the patient or guardian.

Judge Bill Burke said it would be “a case of throwing the baby out with the bath water” to repeal the controversial 1999 law, enacted in response to doctors’ push to eliminate care they believe prolongs suffering in terminal patients. The law, which is unique to Texas, has drawn criticism from some families who say it gives doctors too much power.
“It would be a big mistake to throw out a statute in place for nearly 20 years that seems to be working pretty well,” Burke said in rejecting the request for summary judgment declaring the law unconstitutional. “If you think the law doesn’t provide sufficient protection for patients, go to the Legislature to remedy it.”

The ruling was applauded by the Texas Medical Association, which was part of a broad coalition of groups who together filed a motion in support of the law. The groups included Texas Alliance For Life, the Texas Catholic Conference of Bishops, the Coalition of Texans With Disabilities and the Texas Alliance for Patient Access.

By: Alexa Ura

Joe Pojman, executive director of the anti-abortion group Texas Alliance for Life, said it was “sensational” session for his group. He added that it was understandable that the Legislature was taking a more piecemeal approach to abortion legislation after the restrictions on abortion it enacted in 2013.

“For us, that was the bill of the century,” Pojman said. “I don’t think I’ll live for another bill of that magnitude.”

By: NATHAN KOPPEL

But Joe Pojman, the executive director of Texas Alliance for Life who was also involved in the drafting of the law, said the hospital is correctly abiding by the law’s goal of protecting the rights of an unborn child.

“I applaud what the hospital has done so far, and I would urge them to keep the mother on life-support equipment, even if she is determined to be brain dead, and to treat the unborn baby as the patient” he said.

By: MANNY FERNANDEZ and ERIK ECKHOLM

In Texas, the law and the hospital’s efforts to abide by it have drawn support among opponents of abortion. “The unborn child should be recognized as a separate person,” said Joe Pojman, executive director of Texas Alliance for Life. He added, “I would say that, even if she were brain-dead, I would favor keeping treatments going to allow the child to continue to survive, with the hope the child could be delivered alive.”