The Texas complaint follows a letter sent Monday, July 11, 2022 by the Minister of Health Xavier Becerra to emergency physicians practicing in hospitals receiving federal funds and who authorize them to perform an abortion in the event of danger to the life of the woman. pregnant woman.
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Texas filed a complaint Thursday, July 14, 2022 against a directive from Joe Biden’s government which authorizes emergency doctors to perform abortions in the event of danger to the life of the pregnant woman, even if local laws ban abortions.
“Extreme and radical elected republican”
The lawsuit, filed by Republican Attorney General Ken Paxton, accuses the Democratic president of “to flout” the judgment of the Supreme Court of June 24, 2022, which gave freedom to each State to prohibit abortions on its soil.
His government “trying to use federal law to turn every emergency department in the country into a walk-in abortion clinic” according to this document. The White House quickly criticized the action of a “Extreme and radical elected Republican”.
“It is inconceivable that a public official would take legal action to prevent women from receiving life-saving emergency care, a right protected by US law” said in a press release Karine Jean-Pierre, the spokesperson for Joe Biden.
Letter sent by the Minister of Health
The Texas complaint follows a Monday, July 11, 2022 letter from Health Minister Xavier Becerra to emergency physicians practicing in federally funded hospitals.
Federal law “protects your clinical judgment and the actions you take to stabilize your pregnant patients, regardless of restrictions in place in the state where you practice” he wrote to them.
If a doctor thinks an abortion is necessary to resolve a medical emergency, “he must practice it” adds the Minister. Federal law “preempt” state laws if they prohibit abortions without exception for the life or health of the pregnant woman, he still assures.
The government of Joe Biden “trying to get his bureaucrats to force hospitals and emergency doctors to perform abortions” criticized Ken Paxton, whose state now bans all abortions.
Great legal vagueness
However, its laws provide for an exception to save the lives of pregnant women and the complaint filed on Thursday July 14 seems above all political.
It is part of a great legal vagueness since the Supreme Court dynamited the right to abortion in force for almost half a century in the United States.
His decision has in fact made it possible to activate many laws that have remained dormant for years, including century-old laws, but whose provisions can be contradictory.
So far, a dozen states in the conservative South and Center ban abortions and a handful limit them to the first six weeks of pregnancy. Eventually, half of them should ban abortions on their soil.
Video. Demonstration to defend the right to abortion in Rouen
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