One of the ways the federal government has sought to blunt the impact of states banning abortion is by issuing new guidance to doctors.
A group of people march near the State Capitol in Austin.
Texas sued the Department of Health and Human Services, HHS Secretary and other federal health officials in federal court over the HHS guidance that stated physicians must provide abortions when it's clear it is the "stabilizing treatment necessary"
The Emergency Medical Treatment and Active Labor Act (EMTALA), which requires hospitals to treat patients suffering from emergency medical conditions, was cited by the HHS.
Hospitals can be fined if they don't follow the guidance.
The court was asked to block the guidance because Texas argued EMTALA has no express protections for abortion.
One of the states with an abortion ban in place is Texas, which has argued that the guidance violates its state authority and forces hospitals to choose between violating state law or participating in Medicaid.
A request for comment has not been responded to.
There is no federal statute that gives women a right to abortion, according to the lawsuit. It's the same thing.
The lawsuit will be heard in the Northern District of Texas, which was appointed by President Donald Trump.
The HHS guidance is part of the Biden administration's response to the Supreme Court's decision. The White House has announced measures like a new federal task force and requiring pharmacies to fill prescriptions for drugs that can end pregnancies after reports emerged of Americans being denied medication for certain conditions because the drugs could also cause abortions. The administration can only go so far in protecting abortion rights because the Supreme Court gave states the power to ban the procedure. President Joe Biden wants Americans to vote for Democrats in the upcoming elections so that Congress can pass federal abortion protections. Fears that pregnant women could suffer and be denied life-saving care in states with abortion bans prompted the HHS to issue guidance on performing abortions. In the case of medical emergencies and when the mother's life is at risk, the laws usually have exemptions, but physicians have criticized the legislation for being overly vague.
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