Texas Attorney General Ken Paxton has filed the first legal challenge to Pres. Biden’s executive order on abortion.
On Thursday, Paxton said the administration went too far and filed a complaint in the U.S. District Court for the Northern District of Texas.
Biden’s order and the subsequent HHS guidance were not expected to have a major impact on abortion access in states that restrict it as life-threatening medical emergencies facing pregnant patients are relatively rare. “As frontline health care providers, the federal EMTALA statute protects your clinical judgment and the action that you take to provide stabilizing medical treatment to your pregnant patients, regardless of the restrictions in the state where you practice,” Becerra wrote.
EMTALA is enforced through complaints. If a hospital is found to violate the law through a federal investigation, it could lose access to the Medicare program or face fines.
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