Texas law prohibits abortions after six weeks. But the Biden administration says hospitals must continue to perform abortions in emergencies.
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. “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.
“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.
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