Texas Attorney General Ken Paxton argues the Biden administration is violating the state’s “sovereign interest” by reassuring the nation’s doctors they can perform abortions in medical emergencies.
challenging the guidance in federal court on Thursday, saying the Biden administration’s guidance violates the state’s “sovereign interest in the power to create and enforce a legal code.”Texas is one of several states with laws banning abortion already in effect or trigger laws that will soon ban the medical procedure.
. The guidance isn’t seeking to update existing law but is said to clarify a hospital’s duties under the Emergency Medical Treatment and Active Labor Act.“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,” U.S. Health and Human Services Secretary Xavier Becerra said in a.
“These hospitals are now threatened with having to choose between violating state law under the threat of criminal penalty or jeopardizing their ability to participate in Medicaid,” Paxton’s office argued in the suit.Any ruling will likely be appealed. Paxton’s office argues that the federal guidance isn’t merely clarifying existing law but “includes a number of new requirements related to the provision of abortions that do not exist under federal law.
White House Press Secretary Karine Jean-Pierre pushed back on Paxton’s suit, emphasizing that the guidance is based on existing law.
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