Texas state officials have sued the Biden administration to challenge its recent guidance requiring doctors to provide abortions in medical emergencies.
Attorney General Ken Paxton in the lawsuit filed in the US District Court for the Northern District of Texas on Thursday argued that federal law does not confer a right to an abortion.
The guidance issued on Monday violates doctors’ rights not to terminate a pregnancy and interferes with the state’s right to regulate abortions within its borders, according to Texas.
‘President Biden is flagrantly disregarding the legislative and democratic process – and flouting the Supreme Court’s ruling before the ink is dry – by having his appointed bureaucrats mandate that hospitals and emergency medicine physicians must perform abortions,’ states the lawsuit.
Paxton tweeted that the Supreme Court, by overturning Roe v Wade, returned the abortion issue to the states.
‘Biden is attempting to twist federal law to force abortions in (Texas),’ wrote Paxton.
‘TX law protects pre-born life. Biden’s HHS (Department of Health and Human Services) is attempting to undo all that. Not on my watch. I just filed suit. I’ll ensure the left’s abortion agenda can’t reach TX babies.’
Biden is attempting to twist federal law to force abortions in TX. SCOTUS returned the issue to states. TX law protects pre-born life. Bidenâs HHS is attempting to undo all that.
Not on my watch. I just filed suit. Iâll ensure the leftâs abortion agenda canât reach TX babies. pic.twitter.com/P84jlF893T
Texas is asking the district court to deem the guidance ‘unlawful’ and stop the federal government from enforcing it.
The HHS had said that the Emergency Medical Treatment and Active Labor Act requires medical facilities to determine whether a patient may be in labor and develop an emergency health situation, and calls on doctors to perform abortions in those cases.
Senior HHS officials on Monday said the act preempts state laws, including restrictions that may not provide any exceptions.
Abortions became illegal in Texas under a 1925 law, after the Supreme Court last month reversed Roe.
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