President Joe Biden is attempting "to twist federal law to force abortions in Texas," said the state’s attorney general Ken Paxton on Thursday.
The US Supreme Court overruled Roe v Wade earlier this month, turning abortion regulation back to state legislatures. In response, Texas banned all abortions from the moment of fertilization, except in rare cases to save the life of a pregnant mother or prevent "substantial impairment of major bodily function."
The state’s law protects pre-born life, Texas Attorney General Ken Paxton said on Twitter. And now, Biden's Department of Health and Human Services (HHS) is attempting to undo it, he said.
"Not on my watch," he wrote on Twitter. "I just filed suit. I’ll ensure the left’s abortion agenda can’t reach TX babies."
In a photo of an affidavit posted to Twitter, Paxton said Biden is attempting to use federal law to force every emergency room in America to become a walk-in abortion clinic.
HHS and Centers for Medicare and Medicaid Services CMS) are listed as defendants, as are CMS directors.
"President Biden is flagrantly disregarding the legislative and democratic process — and flouting the Supreme Court’s ruling before the ink is dry — by having his appointed bureaucrats mandate that hospitals and emergency medicine physicians must perform abortions," the statement reads.
It continues to say that the Emergency Medical Treatment and Labor Act (EMTALA) is being cited as the basis for defendants’ argument for their abortion mandate. But the EMTALA has never authorized the federal government to compel healthcare providers to perform abortions, the statement reads.
"Defendants’ Abortion Mandate is unlawful and must be set aside," it concluded.
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