Texas attempts to block Biden's rule protecting privacy for women who get abortions

On September 5, 2024, the State of Texas filed a lawsuit against the Biden Administration, seeking to block the implementation of a new federal rule aimed at protecting the privacy of women receiving abortion services across state lines. The lawsuit, submitted on Wednesday, September 4, in Lubbock, Texas, challenges the rule, which prevents healthcare providers and insurers from disclosing information to state law enforcement regarding reproductive healthcare services provided.

The suit comes in response to recent measures by conservative states aimed at limiting out-of-state travel for abortion services. In response to these restrictions, President Biden emphasized the importance of privacy, stating, "No one should have their medical records used against them, their doctor, or their loved one just because they sought or received lawful reproductive health care."

The case has been assigned to U.S. District Judge James Wesley Hendrix, a Trump appointee, who has previously issued rulings unfavorable to Biden's policies. The Biden administration has accused Texas of "judge shopping" by filing cases in smaller cities like Lubbock, where local rules tend to assign such cases to Trump-appointed judges.

Texas contends that the rule violates the Administrative Procedure Act (APA), which governs the process through which federal agencies issue regulations. Texas Attorney General Ken Paxton further argued that the rule unlawfully hinders state law enforcement investigations, stating, "This new rule undermines the clear statutory intent of HIPAA and reflects the Biden Administration's disregard for the law. The federal government is attempting to weaken Texas’s law enforcement capabilities, and I will not allow this to happen."