futile care

Wesley Smith has been blogging about a case in Texas in which a private hospital is invoking a Texas law to withdraw life support from a woman over the objection of her family. Smith has been writing about this for a few years now, but this case may bring the issue to public attention. Smith suggests that the Texas law ought to be challenged on constitutional grounds, but there are some tricky "state action" issues. The best argument seems to be the kind of argument that was made in the mid-1990s challenge to Oregon's assisted suicide law--that the law fails to provide equal protection to a class of disabled citizens. That argument won inthe federal district court in Oreogon but the 9th Circuit tossed the case out on standing grounds. Has anyone dealt with this issue?

Richard