Texas Sues Biden Administration Over Rule Shielding Abortion-Related Medical Records from Criminal Investigations

Texas Attorney General Ken Paxton has filed a lawsuit against the Biden administration, aiming to block a federal rule that protects the medical privacy of women seeking abortions in states where the procedure remains legal. The lawsuit, filed Wednesday in Lubbock, targets the U.S. Department of Health and Human Services (HHS) and seeks to overturn a regulation that was finalized in April.

Paxton argues that the rule undermines Texas’ ability to enforce its abortion laws, which became stricter after the U.S. Supreme Court’s 2022 decision to overturn Roe v. Wade, eliminating the national right to abortion. Texas was among the states that immediately enacted a near-total abortion ban following the ruling.

“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,” Paxton said in a press release.

The rule in question prevents state or local officials from accessing medical records related to reproductive healthcare for use in civil, criminal, or administrative investigations in states where abortion remains legal. This is meant to shield women who live in states with abortion bans but travel out-of-state for the procedure.

HHS declined to comment directly on the lawsuit, but the agency defended the rule, saying it “stands on its own.” In a statement, the Biden administration reaffirmed its commitment to safeguarding reproductive health privacy, emphasizing that women’s medical records should not be used against them or their healthcare providers.

“The Biden-Harris Administration remains committed to protecting reproductive health privacy and ensuring that no woman’s medical records are used against her, her doctor, or her loved ones simply because she got the lawful reproductive care she needed,” HHS said.

Although Texas’ abortion ban does not impose criminal penalties on women who seek abortions, it does allow for legal action against those who assist women in obtaining the procedure. Individuals found guilty of aiding in an abortion can face serious consequences, including life imprisonment.

Paxton’s lawsuit represents one of the first legal challenges from a state with an abortion ban following the collapse of Roe v. Wade, signaling an escalating battle over the enforcement of abortion laws and medical privacy in the post-Roe era.