Texas Sues Biden Admin for Forcing Hospitals to Commit Abortions

AUSTIN — Texas sued the Biden administration Thursday for threatening hospitals to either commit abortions or risk losing their Medicaid and Medicare funds.

Biden’s Department of Health and Human Services sent a letter on Monday to hospitals and doctors across the country trying to expand abortion. While the federal directive claims to focus only on life-threatening circumstances, language in the administration’s new guidance would actually broaden abortions when the mother’s life is not in danger.

Pro-Life policies across the nation have exceptions for situations in which a woman’s pregnancy jeopardizes her life. Such circumstances are truly heartbreaking, and the Pro-Life movement believes all attempts should be pursued to save the lives of both mother and child. For the rare instances in which the mother’s life or physical health is at risk, Texas includes a clearly defined exception in every Pro-Life law. Thus, the Biden administration’s memo would be unnecessary without a larger agenda.

Biden and his allies are attempting to manipulate the important emergency provisions of the Emergency Medical Treatment and Labor Act (EMTALA) for their pro-abortion ideology. The new directive unlawfully takes EMTALA outside its bounds, falsely claiming: “[w]hen a state law prohibits abortion and does not include an exception for the life of the pregnant person—or draws the exception more narrowly than EMTALA’s emergency medical condition definition—that state law is preempted.” Federal law explicitly states that EMTALA “do[es] not preempt any State or local law requirement…” Furthermore, courts have previously asserted the policy does not allow the federal government to mandate what specific treatment is provided under the act. Thus, the Biden administration cannot order physicians to address a mother’s life-threatening condition with abortion compared to other medical responses that would save her life.

Texas Right to Life Senior Legislative Associate Rebecca Parma added, “Joe Biden is trying to weaponize our communities’ life-saving doctors and hospitals to push his abortion agenda. We look forward to once again beating the Biden administration in court and saving lives.”

By attempting to override state law and allow abortions when the mother’s life is not in danger, the Biden administration forces doctors and hospitals to either break state law or risk their participation in Medicare. 

Texas’ lawsuit is filed in a federal district court in Lubbock, Texas, the same court that dismissed Planned Parenthood’s attack on the town’s Pro-Life Sanctuary City for the Unborn ordinance last year.

Texas will not be intimidated by the aggression of the Biden administration. Instead, we continue to protect innocent human Life; ensure our Pro-Life laws are fully enforced, including against executive overreach; and build a fully Pro-Life state where women and their preborn children flourish. Pregnant women can find free help in their communities at TexasPregnancy.org.

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Joseph Menslage

As the President and Publisher of Katy and Fort Bend Christian Magazines, Joe Menslage is committed to covering social and political news from a Christian worldview. He founded Katy Christian Magazine in 2005, which swept the greater Houston and Katy areas like a storm. That’s when Joe realized the urgent need for publications willing to give voices to the voiceless, without political correctness or censorship. Joe Menslage founded sister-publication Fort Bend Christian Magazine in 2014. Prior to creating Katy Christian Magazine, Joe Menslage led a colorful life. He was born in Lake Charles, Louisiana, spent a great deal of his childhood in Colorado, and lived in a couple of other states before he moved to Houston in 1981. Joe was God-gifted with an entrepreneurial mind, and self-started other business ventures before he found his calling. In Joe’s words, our innate talents are given by the Lord, and are meant to be used to serve the Lord. Aside from being a President and Publisher, Joe Menslage is also the co-founder of Katy Christian Chamber of Commerce, where Christians can network, build business connections, listen to passionate speakers, and enjoy monthly breakfasts and lunches. Joe Menslage also hosts a weekly political satire YouTube channel. Joe Menslage has four children. Outside of work, he enjoys hiking, watching zombie movies and K dramas, ax-throwing and Krav Maga.