(Ezekiel Loseke, Headline USA) The Biden administration has demanded that hospitals perform abortions, regardless of state law, if its arbitrary conditions are met, despite SCOTUS’s ruling that each state gets to determine its abortion laws, in one of the latest acts of abortion insurrection.
Texas is fighting back.
NBC News reported that Texas is suing over the mandated abortions.
Trump-endorsed Texas Attorney General Ken Paxton said that, “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.”
Paxton argued, “I will not allow him to undermine and distort existing laws to fit his administration’s unlawful agenda.”
The Texas lawsuit claims that the laws cited by Biden’s executive order and the HHS mandate “does not mandate, direct, approve, or even suggest the provision of any specific treatment. It says nothing about abortion,” and that the HHS letter purports to only provide suggestions, but Paxton argued that is a lie. Paxton argued that the HHS letter “includes a number of new requirements related to the provision of abortions that do not exist under federal law.”
Paxton’s suit read, “No federal statute, including EMTALA, supersedes or preempts the States’ power to regulate or prohibit abortion.”
Texas’ suit may be referring to the first article of the first section of the Texas Constitution, which reads, “Texas is a free and independent State, subject only to the Constitution of the United States, and the maintenance of our free institutions and the perpetuity of the Union depend upon the preservation of the right of local self-government, unimpaired to all the States.”
The suit may also be referring to the Tenth Amendment, which reads, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”
Regardless, the foundation for Paxton’s suit is that the regulations requiring an abortion are an unconstitutional-executive-fiat.