AUSTIN, Texas — The state of Texas has filed a lawsuit against the Biden administration, aiming to block a federal rule that prevents access to the medical records of women who travel across state lines to seek legal abortions. The lawsuit, filed Wednesday in Lubbock, targets the U.S. Department of Health and Human Services (HHS) and challenges a regulation that was finalized in April.
The rule in question shields women’s reproductive health records from being accessed by state or local officials during civil, criminal, or administrative investigations in states where abortion is illegal. It is designed to protect women living in states with strict abortion bans, such as Texas, if they seek abortions in states where the procedure remains legal.
Texas Attorney General Ken Paxton, a Republican, argued that the federal government is trying to “undermine” the state’s ability to enforce its laws. The lawsuit is one of the first challenges from a state with an abortion ban following the U.S. Supreme Court’s 2022 decision to overturn Roe v. Wade, which eliminated the nationwide right to abortion.
HHS declined to comment directly on the lawsuit but defended the rule. “The Biden-Harris Administration remains committed to protecting reproductive health privacy and ensuring that no woman’s medical records are used against her simply because she received lawful reproductive care,” the agency said in a statement.
Texas’ abortion ban does not criminalize women who seek abortions but punishes those who assist in obtaining one. Penalties can include life imprisonment under the state’s criminal laws. Enforcement can also come through private civil lawsuits. Although it’s unclear whether Texas officials have sought medical records specifically related to abortions, the state has previously requested records regarding gender-affirming care from out-of-state health centers. Texas, like many other Republican-controlled states, bans gender-affirming care for minors.
In contrast, at least 22 Democratic-controlled states have enacted laws or issued executive orders to protect both medical providers and patients involved in abortions from legal investigations originating in states with abortion bans.
The federal rule Texas seeks to overturn updates the Health Insurance Portability and Accountability Act (HIPAA), which generally protects patients’ medical information. Law enforcement officials, however, can typically access such records during investigations. Republican attorneys general, including Paxton, have argued that this new regulation interferes with states’ rights to enforce their own laws.
Paxton stated that the federal government’s rule is a “backdoor attempt” to weaken Texas’ abortion laws by limiting the state’s investigative reach.
