August 7, 2022

Texas AG sues over provisions in Biden’s executive order on abortion

President Joe Biden issued an executive order last week aimed at protecting access to abortion in the wake of the U.S. Supreme Court decision overturning Roe v. Wade, and on Thursday, Texas Attorney General Ken Paxton initiated the first legal challenge prompted by that move, as ABC News reports.

A specific issue in the legal filing is guidance issued by the Biden administration in the wake of the president’s executive action, which explains that doctors are permitted to perform abortions as part of emergency medical treatment – even in states where the procedure is prohibited – and declares that hospitals that do not actively facilitate the procedure under such circumstances risk the loss of federal funding.

According to the new rules promulgated by the Department of Health and Human Services (HHS), doctors are required to perform abortions in emergency rooms if the procedure is deemed “the stabilizing treatment necessary” to address scenarios including ectopic pregnancy, hypertension, as well as preeclampsia.

In a letter to health care providers, HHS Secretary Xavier Becerra stated, “When a state law prohibits abortion and does not include an exception for the life and health of the pregnant person – or draws the exception more narrowly than the [Emergency Medical Treatment and Active Labor Act’s] emergency medical condition definition – that state law is preempted.”

Filing a complaint in the U.S. District Court for the Northern District of Texas, Paxton declared, “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.”

“President Biden is flagrantly disregarding the legislative and democratic process – and flouting the Supreme Court’s ruling before the ink is dry,” Paxton also said, referencing the recent decision in the case of Dobbs v. Jackson Women’s Health Organization, according to Fox News.

The attorney general also contended that the Biden administration’s guidance makes use of an overly broad interpretation and, as such, mandates “abortions under a whole new range of circumstances” and that it “conflicts with the Hyde Amendment, which prohibits federal dollars from being used to fund abortions except when the pregnancy is the result of rape or incest or the woman’s life is in danger,” according to the Texas Tribune.

Further, the AG’s suit argues that “hospitals are now threatened with having to choose between violating state law under the threat of criminal penalty or jeopardizing their ability to participate in Medicaid” and that the new guidance does not merely shed light on existing law, but rather “includes a number of new requirements related to the provision of abortions that do not exist under federal law.”

In response to Paxton’s action, White House press secretary Karine Jean-Pierre predictably characterized the suit as “another example of an extreme and radical Republican elected official,” and an “unthinkable” attempt to prevent women from receiving the care she says is “protected under U.S. law,” but whether the courts will agree, only time will tell.

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USA work (@guest_1290488)
18 days ago

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BBC (@guest_1290492)
Reply to  USA work
18 days ago

The case involved the murder of David Boim, who was 17 when shot by members of Hamas in the West Bank in 1996.
“Roughly 1.7 million Americans have changed their party affiliation over the past 12 months,” Fox News 
“Two-thirds of those have gone to the GOP, while just 630,000 have switched to the Democratic Party, according to the report,” it added.
“Among those who said he shouldn’t run, the most common reason given was that ‘he’s a bad president’ (45%), followed by ‘he’s too old’ (30%), and ‘it’s time for a change’ (26%),” Mediaite reported.
“Just 28% either strongly or somewhat approve of his handling of inflation, while 32% approve of his handling of the economy overall,” it added.
Among the Democrats affiliated with the non-profit are Minnesota Rep. Ilhan Omar and Michigan Rep. Rashida Tlaib.
“In every meaningful respect, AMP/AJP is nothing more than a disguised continuance of IAP/AMS — stripped of the burden of the Boim Judgement and the ignominy of having been found liable for aiding and abetting the murder of an American teenager,” a 2017 lawsuit
“AMP/AJP are the alter egos and successors of IAP/AMS, and are therefore liable for the unpaid portion of the Boim Judgement,” it added.
Among the Democrats affiliated with the non-profit are Minnesota Rep. Ilhan Omar and Michigan Rep. Rashida Tlaib.
The case involved the murder of David Boim, who was 17 when shot by members of Hamas in the West Bank in 1996.
Boim’s family has petitioned the court system in recent years to pursue legal action against AMP/AJP (American Muslims for Palestine and Americans for Justice in Palestine Educational Foundation).

NBC (@guest_1290507)
Reply to  BBC
18 days ago

“Senator Murkowski [R-Alaska] and Senator Collins [R-Me.] may have their view, but it is not a view that is one about a woman’s having the right to decide. So, we’re not negotiating that, no,” she added.

When pressed Thursday on whether Democrats should work with the two senators, Pelosi pushed back, “We’re not going to negotiate a woman’s right to choose.”https://t.co/ujO1Lbtk4k

— Lise Latulippe Fully Vaccinated and Boosted (@lise_latulippe) 
The words come just a week after California Democratic Rep. Judy Chu introduced the Women’s Health Protection Act to protect abortion access. The move marked a strong sign that Democrats won’t stop pressing abortion legislation.
In contrast, 13 states have trigger laws that further limited abortion after the Supreme Court overturned Roe v. Wade. Many other conservative states have also added new laws or are in the process of doing so as laws concerning abortion have been returned to individual states.
“Among those who said he shouldn’t run, the most common reason given was that ‘he’s a bad president’ (45%), followed by ‘he’s too old’ (30%), and ‘it’s time for a change’ (26%),” Mediaite reported.
“Just 28% either strongly or somewhat approve of his handling of inflation, while 32% approve of his handling of the economy overall,” it added.
Among the Democrats affiliated with the non-profit are Minnesota Rep. Ilhan Omar and Michigan Rep. Rashida Tlaib.

Maisie Craig (@guest_1290493)
Reply to  USA work
18 days ago

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