Texas Abortion Lawsuit: Joe Biden’s Abortion Guidance Gets Major Pushback

The Biden administration recently released new guidance that warned that health workers and hospitals which refuse patients who need abortion treatment could land in legal trouble. However, it is getting some major pushback, especially in Texas.

To challenge this new guidance from the government, Texas Attorney General Ken Paxton filed a lawsuit against the Biden administration. Paxton's lawsuit argued that it violates the rights of doctors who choose not to participate in terminating a pregnancy. It also alleges that the guidance also impedes state rights to regulate abortion within its own borders.

Lawsuit Claims Memo Forces Hospitals to Commit Crimes

The Texas lawsuit claimed that the new guidance will force "hospitals and doctors to commit crimes" and, in turn, risk their licenses to operate under Texas law.

Politico reported that more conservative states are likely to join Texas in filing a lawsuit against the memo, which conservative advocates are calling a "radical new policy." However, the Biden administration argued that these policies are not new at all.

The memo reminds healthcare providers that the Emergency Medical Treatment and Labor Act is still in place despite the overturning of Roe V. Wade. However, the lawsuit argued that the memo includes new requirements for providing abortions that "do not exist under federal law."

The White House merely brushed off the lawsuit, saying that this was just another example of an "extreme and radical Republican elected official."

What Was the Biden Memo About?

According to Politico, the Biden memo on abortion was made to protect those seeking emergency abortions. Hospitals that refuse to conduct emergency abortion procedures where the life of the mother is truly in danger if the pregnancy goes through would face either a fine or get their Medicare status stripped.

The guidance sought to clarify questions about whether treatments for serious medical conditions related to pregnancy, such as ectopic pregnancy, hypertension, and preeclampsia are still protected under the Emergency Medical Treatment and Active Labor Act (EMTALA). According to the memo, they are still protected under the law.

The most notable part of the memo was that it reminded hospitals and doctors that violating EMTALA may carry stiff penalties, including fines and potential termination from the Medicare program. It also provides doctors a wide berth in using their judgment on which circumstances would an emergency abortion be needed.

Health and Human Services Secretary Xavier Becerra stressed that when they passed the memo, they expected healthcare providers to continue offering emergency care to the women who need it. It also reminded these service providers that "federal law preempts state abortion bans when needed for emergency care."

The Trump-appointed Judge James Hendrix will be hearing the case. If appealed, it will then go to the right-leaning 5th Circuit Court of Appeals, before going to the majority-conservative Supreme Court which struck down Roe V. Wade.

This article is owned by Latin Post.

Written by: Rick Martin

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