Texas Sues Biden Administration Over Federal Order for Hospitals to Perform Abortions

AUSTIN – Texas Attorney General Ken Paxton filed a lawsuit against the U.S. Department of Health and Human Services regarding its use of the Emergency Medical Treatment and Active Labor Act (EMTALA) to require hospitals to perform abortions.

According to information from the AG's office Thursday, this latest unlawful action by the Biden Administration comes in the face of the U.S. Supreme Court’s ruling to overturn Roe v. Wade and the subsequent triggering of Texas’s abortion ban. By this move, the Biden Administration seeks to transform every emergency room in the country into a walk-in abortion clinic. EMTALA does not authorize and has never been thought to authorize the federal government to require emergency healthcare providers to perform abortions. 

“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,” Attorney General 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.”