Texas Attorney General Ken Paxton has filed a lawsuit against the Biden administration in an effort to overturn a federal rule that protects the medical records of women who seek abortions in states where the procedure remains legal. The lawsuit challenges a regulation finalized in April by the U.S. Department of Health and Human Services (HHS) that prohibits state or local officials from accessing reproductive health records for criminal investigations.
Texas Takes Aim at Federal Privacy Rule
Filed Wednesday in a Lubbock court, the lawsuit accuses the Biden administration of undermining Texas’ ability to enforce its strict abortion ban, which took effect after the U.S. Supreme Court overturned Roe v. Wade in 2022. The rule in question shields women who travel out of state for legal abortions by restricting access to their medical records by law enforcement in states where abortion is banned.
In a statement, Paxton said the regulation interferes with state sovereignty. “With this rule, the Biden Administration makes a backdoor attempt at weakening Texas’s laws by undermining state law enforcement investigations that implicate medical procedures,” he said.
Biden Administration Defends Rule
The HHS declined to comment directly on the lawsuit but defended the regulation, asserting that it is essential for protecting women’s privacy. “The Biden-Harris Administration remains committed to ensuring that no woman’s medical records are used against her simply because she got the lawful reproductive care she needed,” the agency stated.
The rule is part of an update to the Health Insurance Portability and Accountability Act (HIPAA) of 1996, which typically allows law enforcement access to medical records during investigations. The new provision blocks that access when it pertains to reproductive health care in states where abortion is legal.
Divided Stance Among States
At least 22 Democratic-controlled states have enacted laws or executive orders to protect medical providers and patients from investigations by law enforcement in states with abortion bans. These measures seek to safeguard those who participate in legal abortions from legal consequences.
The lawsuit against HHS comes as part of a broader pushback from Republican-led states with strict abortion laws. In 2023, a group of Republican attorneys general, including those from states with tight abortion restrictions, urged HHS to withdraw the proposed rule, arguing that it unlawfully interferes with state enforcement.
Reproductive Rights Advocates Respond
Liz McCaman Taylor, a senior policy counselor at the Center for Reproductive Rights, criticized Texas for challenging the rule, stating that federal law has long provided protection for sensitive health information. “Texas is suing now, not because of its concern with state sovereignty, but because of its hostility to reproductive health,” she said.
