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Nevilledog

(52,625 posts)
Fri Sep 6, 2024, 06:26 PM Sep 6

TX sues to stop a rule that shields the medical records of women who seek abortions elsewhere

https://www.8newsnow.com/news/health/ap-health/ap-texas-sues-to-stop-a-rule-that-shields-the-medical-records-of-women-who-seek-abortions-elsewhere/

AUSTIN, Texas (AP) — Texas has sued the Biden administration to try to block a federal rule that shields the medical records of women from criminal investigations if they cross state lines to seek abortion where it is legal.

The lawsuit against the U.S. Department of Health and Human Services seeks to overturn a regulation that was finalized in April. In the suit filed Wednesday in Lubbock, Republican state Attorney General Ken Paxton accused the federal government of attempting to “undermine” the state’s law enforcement capabilities. It appears to be the first legal challenge from a state with an abortion ban that took effect after the U.S. Supreme Court’s 2022 ruling that overturned Roe v. Wade and ended the nationwide right to abortion.

The rule essentially prohibits state or local officials from gathering medical records related to reproductive health care for a civil, criminal or administrative investigation from providers or health insurers in a state where abortion remains legal. It is intended to protect women who live in states where abortion is illegal.

In a statement, HHS declined comment on the lawsuit but said the rule “stands on its own.”

“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 one simply because she got the lawful reproductive care she needed,” the agency said.

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TX sues to stop a rule that shields the medical records of women who seek abortions elsewhere (Original Post) Nevilledog Sep 6 OP
Women do not get HIPAA. I mean seriously. LizBeth Sep 6 #1
Would they deny males the right to privacy? Irish_Dem Sep 6 #2
Will they ever use CHALLENGE instead of SUE? Brainfodder Sep 6 #3
First, federal statutes have supremacy over state statutes. no_hypocrisy Sep 6 #4
Even if that law wasn't in effect, states can, and have, told MarineCombatEngineer Sep 6 #5

no_hypocrisy

(48,041 posts)
4. First, federal statutes have supremacy over state statutes.
Fri Sep 6, 2024, 08:02 PM
Sep 6

Next, if Dobbs supposedly returned the issue of legal abortion to the states, it would seem that the laws are encapsulated within those states which limited or outlawed abortion. By prohibiting women from seeking abortions in another state that DOES recognize abortion as a legal right, Texas is interfering not only with the women leaving to get abortions in other states, but interfering with those states and their choice to provide abortions to any and every woman seeking them.

Finally, while not imprisoning fleeing pregnant women, by getting their medical records from another state, these women cannot return to Texas due to the valid fear of prosecution and conviction.

MarineCombatEngineer

(13,642 posts)
5. Even if that law wasn't in effect, states can, and have, told
Fri Sep 6, 2024, 08:06 PM
Sep 6

TX to fuck off and die because they have no right to another state's medical records, no matter if the patient was from TX, the moon, mars, etc.

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