Texas Attorney General Ken Paxton has filed a lawsuit against the Biden administration over a federal policy that allows hospitals to perform emergency abortions irrespective of state laws.
The Department of Health and Human Services released the federal guidance on Monday. The guidance came after President Joe Biden signed an executive order tasking HHS to protect emergency abortion services.
Paxton said that this edict from the Biden administration oversteps its authority after Roe v. Wade was overturned by the Supreme Court last month.
“This administration has a hard time following the law, and now they are trying to have their appointed bureaucrats mandate that hospitals and emergency medicine physicians perform abortions,” Paxton said. “I will ensure that President Biden will be forced to comply with the Supreme Court’s important decision concerning abortion and I will not allow him to undermine and distort existing laws to fit his administration’s unlawful agenda.”
Texas law prohibits abortions after six weeks. But the Biden administration says hospitals must continue to perform abortions in emergencies.
“Under the law, no matter where you live, women have the right to emergency care — including abortion care,” said HHS Secretary Xavier Becerra. “Today, in no uncertain terms, we are reinforcing that we expect providers to continue offering these services, and that federal law preempts state abortion bans when needed for emergency care. Protecting both patients and providers is a top priority, particularly in this moment. Health care must be between a patient and their doctor, not a politician. We will continue to leverage all available resources at HHS to make sure women can access the life-saving care they need.”