Texas sues the Biden administration for requiring hospitals to perform abortions in medical emergencies

• Texas Attorney General Ken Paxton filed a lawsuit Thursday against the Biden administration.
• Paxton says the Department of Health and Human Service's rule that protects abortion care in emergency medical situations is unlawful.

Texas is suing the Biden administration for requiring hospitals to perform abortions in medical emergencies, the state's Attorney General Ken Paxton announced Thursday.

The lawsuit comes after President Joe Biden and the Department of Health and Human Services (HHS) issued guidance on the Emergency Medical Treatment and Active Labor Act (EMTALA), affirming that providers who perform "legally-mandated, life- or health-saving abortion services in emergency situations" are protected by the act. The guidance came as part of Biden's executive order protecting access to reproductive healthcare services.

In the lawsuit, Paxton said Biden's rule "forces hospitals and doctors to commit crimes and risk their licensure under Texas law."

White House press secretary Karine Jean-Pierre slammed the lawsuit, arguing it is an example of how Republicans want to operate in a post-Roe US.

"This is yet another example of an extreme and radical Republican elected official," Jean-Pierre said in a statement. "It is unthinkable that this public official would sue to block women from receiving life-saving care in emergency rooms, a right protected under U.S. law."

In clarifying the rule last week, HHS Secretary Xavier Becerra — who is named in the lawsuit — said federal law mandating the emergency care preempts state laws.

"Under the law, no matter where you live, women have the right to emergency care — including abortion care," Becerra said July 11. "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."

Paxton is staunchly against abortion rights and declared a "sanctity of life" holiday the day Roe v. Wade was overturned by the Supreme Court last month. Texas banned abortions immediately after the ruling was made, and Paxton successfully blocked attempts by abortion providers in the state to temporarily resume services.

A press release from Paxton's office claimed the Biden Administration "seeks to transform every emergency room in the country into a walk-in abortion clinic."

"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," Paxton said in a statement.