Texas Sues Biden Admin Over “Pharmacy Mandate” to Dispense Abortion Drugs

Texas filed a lawsuit against the Biden administration on Tuesday to block federal health guidance that allegedly forces pharmacies to dispense Abortion-inducing drugs.

The Biden administration, July 2022 Publication of guidance The requirement that pharmacies supply women with abortion-inducing medications or the risk of losing Medicaid and Medicare funds.

Texas asserts in its lawsuit. This refers collectively to the guidance as the “pharmacy mandate,” The U.S. Department of Health and Human Services has tried to impose a federal right of abortion via executive fiat. The lawsuit said this was a part of the Biden administration’s “war against” the Dobbs v. Jackson Women’s Health decision. The 1973 ruling making abortion legal in all 50 states was reversed by this ruling.

“But whether the Biden Administration likes it or not, the question of abortion is up to the people’s elected representatives—not unelected bureaucrats,” The lawsuit states that (pdf). “The Biden Administration’s attempt to inject itself into that question is both procedurally and substantively illegal.”

The HHS guidance, which involved roughly 60,000 U.S. retail pharmacies, claims that federal anti-discrimination law requires pharmacies to provide these drugs. The guidance was published on July 13, 2022. This came just days after President Joe Biden signed an executive directive that made it easier for women to get abortion services.

Mifepristone, one of the two drugs used in a chemical abortion, can be dispensed by brick-and-mortar pharmacies via online prescriptions—if permitted under state law. (Robyn Beck/AFP via Getty Images)

‘Patently False’Paxton Pushes Back

However, Texas Attorney General Ken Paxton, a Republican, argues that Title IX’s anti-discrimination protections don’t require companies to provide abortions, and instead protect any person or entity from being forced to aid in the provision of abortions.

According to Paxton’s office, the alleged HHS assertion that federal anti-discrimination law mandates every pharmacy to provide abortion drugs is “patently false.”

Paxton further argues that the Supreme Court returned the power to decide on abortion law back to the states, instead of the federal government. The “pharmacy mandate,” Therefore, it preempts certain state laws which prohibit pharmacies providing abortion-inducing drug and goes against Paxton’s Dobbs Decision.

“The Biden Administration knows it has no legal authority to institute this radical abortion agenda, so it is trying to intimidate every pharmacy in America by threatening to withhold federal funds,” Paxton stated this in a statement issued Tuesday. “Texas and several other states across the country have passed laws to protect the unborn, and we are not going to back down just because unelected bureaucrats in Washington want to create illegal, extremist federal policies.”

The lawsuit was filed at the U.S. District Court, Western District of Texas. According to the lawsuit Texas wants the pharmacy guidance to be vacated and its enforcement to be stopped.

Texas Attorney General Ken Paxton during an interview with The Epoch Times’ “Crossroads” at the Conservative Political Action Conference (Orlando) on February 27, 2021. (The Epoch Time)

HHS Guidance

The original copy of the HHS guidance document published in July 2022 is not currently available on the department’s website, but a version archived on Jan. 23, 2023 can still be accessed (pdf).

This guidance reminds around 60,000 retail pharmacies, and their employees, of their obligation “under federal civil rights laws” Access to prescription medication must be guaranteed

HHS said in the guidance that among its civil rights enforcement responsibilities, its Office for Civil Rights is responsible for “protecting the rights of women and pregnant people in their ability to access care that is free from discrimination.”

“This includes their ability to access reproductive health care, including prescription medication from their pharmacy, free from discrimination,” The guidance states.

According to guidance, discrimination can include denial of a prescription for medication that will help with miscarriage or denial of medication for a disability.

The guidance stated that any entity that receives federal financial assistance (e.g., Medicare and Medicaid) is prohibited from following the law. “discriminating based on race, color, national origin, sex, age, and disability.”

HHS said this included supplying prescribed medications; “making determinations regarding the suitability of prescribed medications for a patient; and advising a patient about prescribed medications and how to take them.”

“We are committed to ensuring that everyone can access health care, free of discrimination,” HHS Secretary Xavier Becerra made the statement in July 2022. “This includes access to prescription medications for reproductive health and other types of care.”

Biden’s administration pointed out that the guidance it provided was part of its effort to protect abortion rights.

The Epoch Times reached out to HHS for comment.

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