Texas Sues Biden Administration Over Emergency Abortion Guidance
Texas Attorney General Ken Paxton filed a lawsuit against the Biden administration on Thursday after the Department of Health and Human Services reiterated guidance this week that says doctors are required to perform an abortion if a pregnant woman’s life is in danger.
“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,” the lawsuit, which names Health Secretary Xavier Becerra and other officials as defendants, says.
Becerra issued the guidance to health care providers on Monday, writing in a letter that under the Emergency Medical Treatment and Active Labor Act, physicians “must” provide an abortion if it is the “stabilizing treatment necessary to resolve” an emergency medical condition.
“When a state law prohibits abortion and does not include an exception for the life and health of the pregnant person — or draws the exception more narrowly than EMTALA’s emergency medical condition definition — that state law is preempted,” Becerra wrote in the letter.
Paxton said in a statement on Thursday afternoon that the administration’s interpretation is too wide and mandates “abortions under a whole new range of circumstances.” (Read more from “Texas Sues Biden Administration Over Emergency Abortion Guidance” HERE)
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