On Tuesday, Texas Attorney General Ken Paxton (R-TX) announced that he has filed another lawsuit against the Biden administration, this time against Biden's Department of Health and Human Services (HHS), to prevent a new rule that would force states to pay for gender transition surgeries for transgender individuals.
The lawsuit, filed in coordination with Montana, aims to prevent a new rule under Section 1557 of the Affordable Care Act enacted by HHS that would force healthcare providers to provide gender transition procedures to patients or else face defunding. If healthcare providers refused, they would be stripped of all federal funds, including from Medicare and Medicaid, while overriding state laws preventing the surgeries.
"I'm suing Biden Administration for adopting a new rule that forces states to pay for 'gender transition' procedures through their Medicaid programs & requires healthcare providers to perform these procedures even when doing so would violate state law," Paxton explained. "This is yet another example of Joe Biden trying to sidestep the Constitution & use agency rulemaking to advance unpopular, unlawful, & destructive policies. We are suing to stop the Biden Administration from withholding federal healthcare funds to force medical professionals to perform these experimental and dangerous procedures."
The attorney general's office outlined in a press release that they will argue that the new rule is an unconstitutional attempt to override state law and that it is yet another instance of the bureaucratic state in Washington, D.C., attempting to govern through rules and procedures rather than a law passed by Congress.
"The rule is a plainly unconstitutional attempt to override state law," the press release explained. "The rule also relies on a misapplication of the Affordable Care Act, which never authorized HHS or any government agency to compel institutions to perform or pay for these procedures. Attorney General Paxton has sued and has asked the court for injunctive relief to prevent the unlawful rule from being enforced."
Attorney General Ken Paxton, who has sued the Biden administration dozens of times since the president took office over three years ago, is proving once again why he is considered one of the most effective attorney generals in the country.
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