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“The Biden Administration seeks to transform every emergency room in the country into a walk-in abortion clinic,” Paxton said in a statement announcing the lawsuit on Thursday.
The suit follows new guidance from the U.S. Department of Health and Human Services that asserted federal law requiring emergency medical treatment supersedes any state restrictions on abortion in cases where the pregnant patient’s life or health is at risk.
Earlier this week, the Biden administration sent a memo to state officials reminding them of an existing law called the Emergency Medical Treatment and Labor Act, which “requires that all patients receive an appropriate medical screening examination, stabilizing treatment, and transfer, if necessary,” according to the HHS guidance. That requirement exists “irrespective of any state laws or mandates that apply to specific procedures,” the memo said.
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