Texas Sues for Access to Records of Women Seeking Out-of-State Abortions

Texas has sued to block federal rules that prohibit investigators from viewing the medical records of women who travel out of state to seek abortions where the procedure is legal.

The lawsuit, filed on Wednesday in Federal District Court in Lubbock, targets medical privacy regulations that were issued in 2000, and takes aim at a rule issued in April that specifically bans disclosing medical records for criminal or civil investigations into “the mere act of seeking, obtaining, providing or facilitating reproductive health care.”

Texas bans abortions in almost all circumstances. Women are not subject to criminal prosecution for obtaining abortions, but state law imposes penalties of as much as life in prison for those who aid in obtaining abortions.

The lawsuit claims that the privacy rules ignore federal law that lets states view medical records “for law enforcement purposes.”

In a statement on Wednesday, Texas’ attorney general, Ken Paxton, called the April rule “a backdoor attempt at weakening Texas’ laws.” He added: “The Biden administration’s motive is clear: to subvert lawful state investigations on issues that the courts have said the states may investigate.”

Officials with the federal Health and Human Services Department did not comment on the lawsuit, but told The Associated Press that the Biden administration “remains committed to protecting reproductive health privacy and ensuring that no woman’s medical records are used against her.”