Texas Attorney General Ken Paxton has sued the Biden-Harris administration over a new rule blocking law enforcement investigations of abortions.
The Lone Star State has always been a leader in the Pro-Life movement. That did not change when the most pro-abortion presidential administration took office and tried to crush our Life-saving efforts. The Biden-Harris administration continuously goes out of its way to sabotage Pro-Life initiatives, even when it must undermine federal law itself to do so.
In April, the Biden-Harris administration issued a new rule banning the disclosure of an individual’s “reproductive health information,” including information related to abortion. Even if law enforcement suspects an abortion-related crime, healthcare providers and insurers are prohibited from handing over relevant health records during investigations.
Specifically, this rule applies when the abortion has taken place in a state where it remains legal. Therefore, the rule will not block investigations if an abortion takes place in Texas, but it will apply if a Texas woman goes to another state for an abortion.
The issue is that even if an abortion occurs in a state where it is legal, there is still almost certainly illegal activity involved. In Texas, it is unlawful to facilitate, aid, or abet in abortion, regardless of where the abortion occurs. Texas has the right to prosecute those breaking our life-saving laws and conspiring to aid others to do so, but Biden’s rule would prevent law enforcement from fulfilling their duties.
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The lawsuit also seeks relief from a similar rule passed in 2000. This other rule is included in the lawsuit because state investigative authorities often cite it as a reason that covered entities cannot comply with legitimate subpoenas. The 2000 rule states that entities covered by HIPAA are only allowed to hand over information to law enforcement if it is relevant to a legitimate inquiry and limited in scope. The vagueness of this rule allows Biden-Harris to use it as an excuse to refuse cooperation with law enforcement.
The State of Texas’ suit asks that these two rules be stopped. The suit argues that HIPAA, the federal law that protects patient privacy, preserves state investigative authority, making the rules in contradiction to the law. HIPAA’s purpose is to protect individuals from having their private information disclosed. However, when a crime is committed, law enforcement has the authority to investigate, even if that involves medical information.
In a statement, Attorney General Paxton said that “this new rule actively undermines Congress’s clear statutory meaning when HIPAA was passed, and it reflects the Biden administration’s disrespect for the law. He goes on to say that “the federal government is attempting to undermine Texas’s law enforcement capabilities, and [he]will not allow this to happen.”
If the rule is not blocked, full compliance will be required by December 2024, making it even more difficult for Texas to enforce its Pro-Life laws. Thankfully, the lawsuit was assigned to U.S. District Judge James Wesley Hendrix, a Republican appointed by President Trump.
President Biden and his administration have consistently proven their hostility toward the cause of Life. Nevertheless, Texas has and will continue to stand up for the vulnerable and seek justice when they are threatened.
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