In the lawsuit, Texas claims the new guidelines “force hospitals and doctors to commit crimes and risk licensure under Texas law.”
While Texas is the first to challenge the new guidelines, the state likely won’t be the last. Conservative attorneys tell POLITICO they are considering their own challenges.
“We’re talking to the pro-life movement about what the response should be to this perversion of the law,” said Roger Severino, who led the Health and Human Services Department’s Office of Civil Rights under the Trump administration and now serves. with the Center for Ethics and Public Policy. “It’s a radical new policy, and they’re opening themselves up in court and getting locked up in court.”
The Biden administration insists the policy is not new at all.
“It’s meant to remind people of their federal obligations when they receive federal funding,” a senior Health and Human Services official told reporters on Monday’s call about the guidelines. “It in no way mandates specific behavior.”
Texas tried to deny that claim in its lawsuit.
” [the Emergency Medical Treatment and Labor Act] The guidance is intended simply to remind hospitals of their obligations under federal law,” the Texas complaint said. “But it’s not: It includes a number of new requirements related to the provision of abortions that do not exist under federal law.”
The White House responded to the Texas lawsuit Thursday afternoon, calling it “another example of an extreme and radical Republican elected official.”
“It is unthinkable that this public official should be sued to block women from saving lives in the emergency room, a right protected by US law,” spokeswoman Karine Jean-Pierre said in a statement.
To the frustration of Democratic lawmakers and advocates who have called for a more aggressive response to the erosion of abortion rights across the country, The Biden administration has taken a cautious approach – He is afraid that the same Supreme Court will strike him Roe will block any new measure they try to impose.
Yet even the narrower policies they pursue may encounter the same noise.
Alliance Defends Freedom – The conservative legal group that helped overturn Mississippi Roe v. Wadetold POLITICO that they will also be watching closely to see how the new policy is being enforced.
“We’re looking at cases where the federal government is telling people they have to violate their deeply held beliefs to practice medicine,” said Ryan Bangert, ADF senior counsel. “They’ve made it clear that they’re going to enforce it through state law, so we’ll be very interested in evaluating whether that happens.”
The Texas case is being heard by Judge James Hendricks, an appointee of President Donald Trump, and on appeal will go to the 5th Circuit Court of Appeals and then to the Supreme Court.
Biden administration this week as well issued a guide to the country’s retail pharmacies Warns them to stop refusing patients abortions, birth control pills or other drugs they suspect could be used to end a pregnancy — another policy that conservative advocates may oppose.
“Pharmacists are not automatons. They are medical professionals who routinely check for contraindications to protect the lives of both mothers and babies,” Severino said. “The Biden administration is reversing HHS guidelines and trying to scare pharmacists into being required to dispense abortion-inducing drugs.”
Texas sues Biden over new abortion guidelines as conservative groups mount more challenges
Source link Texas sues Biden over new abortion guidelines as conservative groups mount more challenges