Reoiowal Orrices 184 Hantow St. 2D FLooR Banos, Marni 04401 Tex: (207) 941-3070 Fax: (207) 941-3075 Aanon M, Frey 125 Presununscort Sx, Sure 26 Ae Porri.an, Marne 04103 ‘Tut: (207) 822-0260 Fax: (207) 822-0259 State oF Marne Orrice oF THE ATTORNEY GENERAL 14 Access Hionway, Sre. 1 Canmou, Maint 04736 TEL: (207) 626-8800 6 State House Station Tu: (207) 496.3792 ‘TTY USERS CALL MAINE RELAY 711 AucusTa, Maine 04333-0006 Fax: (207) 496-3291 March 12, 2024 ‘The Honorable Jonathan Skrmetti Tennessee Attomey General Office of the Attorney General PO Box 20207 Nashville, TN 37202 Greetings Attorney General Skrmett: I was thoroughly dismayed by your letter sent yesterday whereby you and several of ‘our colleagues attempt to intimidate proponents of L.D. 227, An Aet Regarding Health Care in the State, currently pending in Maine. I have reviewed the claims you make in the “extremely unusual” effort to influence legislative consideration of another state. Upon due consideration of the letter, I am writing to clear up the misconceptions upon which your concems are based and to explain why the legal concerns raised by the letter are meritless, , L-D. 227 would simply protect providers of legally protected reproductive and gender-affirming health care provided in Maine from interference or retaliation from states with different policies. This is not unprecedented, as at least 17 states, and the District of Columbia have already enacted similar “shield laws” to protect their health care providers from aggressive actions by objecting States. Our Republic endures. Unfortunately, shield laws have become necessary due to efforts in some objecting states to punish beyond their borders lawful behavior that occurs in Maine and other states. One example of just such an extraterritorial imposition is directed from one of the signatory states, A hospital in Washington state received a civil investigative demand from the Texas Attorney General for medical records in connection with an investigation of an alleged violation of Texas law arising out of the hospital’s provision of gender-affirming care, The same Attorney General has sought patient records from a Georgia clinic, The proponents of L.D. 227 do not wish to leave Maine’s health care providers open to such overreach when they professionally deliver essential medical care, consistent with standards of care, in Maine.Second, my office has carefully reviewed L. withstand legal challenge. Maine’s shield bill is entirely consistent with the Full Faith and Credit Clause because Maine will honor out-of-state judgments as long as they were issued in accord with basic requirements for due process and the court had sufficient jurisdiction, There are, after all, limitations on the extent to which a state must honor a judgment from another state. Specifically, a judgment is not entitled to full faith and credit if it was rendered in violation of due process principles or if the court lacked personal or subject matter jurisdiction. See, e.g., Baker by Thomas y. Gen. Motors Corp., 522 U.S. 222, 233 (1998); Kremer v. Chem. Const. Corp., 456 U.S. 461, 482 (1982); World-Wide Volkswagen Corp. v. Woodson, 444 US. 286, 291 (1980); Underwriters Nat, Assur. Co. v. N. Carolina Life & Ace. & Health Ins, Guar. Ass'n, 455 U.S. 691, 704-05 (1982); Griffin v. Griffin, 327 U.S. 220, 228 (1946). L.D. 227 simply recognizes these limits by declaring that a Maine court may not give effect to certain foreign judgments if the issuing court “did not have personal jurisdiction over the defendant, did not have Jurisdiction over the subject matter, or did not provide due process of law.” ‘Moreover, we are not aware of any constitutional doctrine that requires Maine to use its resources to indulge hostile litigation tactics directed from other states. . 227 and we are confident it will Harmony between our states would be best preserved and promoted by the exercise of restraint by all parties seeking to control health care related policy choices in other states, We do have a right to disagree and I fully concur that one state cannot control another, Recognizing these shared values, I welcome your respect for Maine’s ability to decide what access to health care people in Maine receive, free from interference by out-of-state actors. Respectfully, Aaron M, Frey Attorney General