Abortion

Abortion And Family Planning

Abortion, Generally

Texas Medical Association Blamed Differing State Abortion Laws And Paxton’s Abortion Challenges For Potentially Endangering Patients

Texas Medical Association Blamed Confusion, Flux Caused By Differing State Abortion Laws And Challenges Like Ken Paxton’s Against Federal Standards For Potentially Endangering Patients. According to Romper, “Since the Supreme Court overturned Roe v. Wade in June, laws governing one’s right to an abortion have returned to the state level, creating a legal patchwork across the country and, in many cases, confusion for health care providers. In some cases, this confusion may be hindering doctors in providing appropriate, timely medical care and endangering their patients.  That’s a claim that the Texas Medical Association (TMA) — a medical society comprising 56,000 physician and medical student members — has made in a letter to the Texas Medical Board (TMB) – the state agency that regulates the practice of medicine.  The letter comes at the same time the state of Texas is suing the Biden Administration over its guidance from the Department of Health and Human Services (HHS) stating that doctors were not only protected but required by federal law to provide necessary emergency care to patients, including abortion care if required (as in the case of ectopic pregnancy or other life-threatening complications). The suit, filed by Texas Attorney General Ken Paxton, reads, in part, that the Biden Administration evoking the 1986 Emergency Medical Treatment and Labor Act (EMTALA) is an ‘attempt to use federal law to transform every emergency room in the country into a walk-in abortion clinic’ that ‘sovereign interest in the power to create and enforce a legal code.’” [Romper, 7/19/22]

Paxton Was Endorsed By The National Right To Life

2022: Paxton Thanked The National Right To Life For Their Endorsement. 

[Facebook, @kenpaxtontx, 7/20/22]

Paxton Urged The Federal Government To Investigate Violence Against Anti-Abortion Groups

2022: Office Of The Texas AG: “Attorney General Paxton Urges Feds To Investigate Violence Against Pro-Life Groups.”  According to a press release from the Office of the Texas Attorney General, “Attorney General Paxton joined a comment letter led by Ohio, addressed to U.S. Attorney General Merrick Garland, urging him to investigate the barrage of threats and attacks made against pro-life judges and pro-life organizations. In a pointed letter, Texas along with 18 other states, urged Garland to take swift action in response to recent terrorist acts against anti-abortion organizations, calling the lack of action intolerable, politically motivated and in violation of his oath of office.  Since the leak of a U.S. Supreme Court draft decision overturning Roe v. Wade, the attorneys general write, ‘charities that support pregnant mothers in need have been firebombed and pro-life organizations have been attacked almost daily and terrorized.’” [Press Release – Office of the Texas Attorney General, 6/27/22]

Paxton Urged The Department Of Justice To Respond To Violence Against Anti-Choice Organizations

June 2022: Paxton Joined Fellow Republican State Attorneys General To Urge The DOJ To Take Action In Response To Violence Against Anti-Choice Groups. According to Kentucky.gov, “Attorney General Daniel Cameron joined a coalition of 19 attorneys general in sending a letter to the Department of Justice (DOJ) and U.S. Attorney General Merrick Garland, urging swift action in response to recent violent acts against pro-life groups. […] In their letter, the coalition describes the danger pro-life organizations have faced since May, when a draft of the U.S. Supreme Court’s decision, in Dobbs v. Jackson Women’s Health was leaked. They write, ‘charities that support pregnant mothers in need have been firebombed, and pro-life organizations have been attacked almost daily and terrorized.’ [...] Attorney General Cameron was joined by attorneys general of Alabama, Alaska, Arkansas, Arizona, Florida, Georgia, Indiana, Kansas, Mississippi, Missouri, Nebraska, Ohio, Oklahoma, South Carolina, Texas, Utah, Virginia, and West Virginia in sending the letter.” [Kentucky.gov, 6/22/22]

Paxton Spoke At The Texas FAITH, Family, And Freedom Forum With Noted Anti-Abortion And Anti-Suffrage Activist Abby Johnson In 2020

September 2020: Texas Values Announced That Paxton And Johnson Would Headline The Texas Faith, Family, And Freedom Forum. According to Texas Values, “Texas Values announced today that Texas Attorney General Ken Paxton, a strong supporter of religious freedom will be speaking at the third annual Texas Faith, Family, and Freedom Forum September 18th and 19th at Great Hills Baptist Church in Austin.  General Paxton will be joined by former Planned Parenthood abortion clinic director turned pro-life leader Abby Johnson, Christian singer Matthew West (who wrote the song “Unplanned” about Abby Johnson’s life/movie) and over 30 other state and national speakers and elected officials[.]” [Texas Values, 09/17/20]

Paxton Was Endorsed By Texas For Life PAC As Texas House Speaker In 2011

2012: Paxton Was Endorsed By Anti-Abortion Group Texas For Life PAC For Speaker In 2011. According to the Austin-American Statesman, “The political action committee for the Texas Alliance for Life has taken a 180-degree position-change on Texas House Speaker Joe Straus. The PAC on Friday said it endorsed Straus in his race for House District 121. Straus is being challenged in San Antonio by tea party-affiliated Matt Beebe in the Republican primary. In the past, Texas Alliance for Life PAC has actively opposed the speaker. Most visibly, the group backed state Rep. Ken Paxton, R-McKinney , in the speaker's race of 2011. But now Straus has won over the anti-abortion group, said Joe Pojman, executive director for the group.” [Austin-American Statesman, 5/5/12]

Bans

Paxton Defended Texas Abortion Laws That Were Questioned For Harming Pregnant Women Facing Complications

November 2023: Paxton Defended A Case In Which The Texas Supreme Court Questioned If Texas Abortion Laws Harmed Women When They Faced Pregnancy Complications. According to Minnesota Public Radio, “On Tuesday, the Texas Supreme Court will consider this question: Are the state's abortion laws harming women when they face pregnancy complications? The case, brought by the Center for Reproductive Rights, has grown to include 22 plaintiffs, including 20 patients and two physicians. They are suing Texas, arguing that the medical exceptions in the state's abortion bans are too narrow to protect patients with complicated pregnancies. Texas Attorney General Ken Paxton is fiercely defending the state's current abortion laws and arguing that the case should be dismissed.” [Minnesota Public Radio, 11/28/23]

Paxton Joined An Amicus Brief In Support Of Florida’s 15-Week Abortion Ban

April 2023: Paxton Joined Fellow Republican State Attorneys General To File An Amicus Brief In Planned Parenthood V. Florida In Support Of Florida’s 15-Week Abortion Ban. According to Kentucky.gov, “Attorney General Daniel Cameron announced his office joined 19 states in filing an amicus brief before the Supreme Court of Florida in Planned Parenthood v. Florida. The brief supports the constitutionality of a Florida law that prohibits abortions after 15 weeks. ‘The Dobbs decision returned the authority to determine abortion policy to elected state representatives,’ said Attorney General Cameron. ‘Protecting life is a top priority for my office, and we joined this amicus brief to be a voice for the unborn.’ Last June, the U.S. Supreme Court issued a decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade and restored the power to decide how to protect unborn life to states. Shortly before Dobbs, Florida passed a law making abortions illegal after 15 weeks. Recently, a state trial court in Florida ruled the 15-week law unconstitutional under Florida’s constitution. In the brief, the attorneys general argue that a right to privacy under Florida’s constitution does not guarantee the right to an abortion. The coalition writes, ‘When a court imposes a right to abortion on the people based on a general right of privacy, that action lacks democratic legitimacy, ‘short-circuits the democratic process’ and takes away from the people matters that—until the people say otherwise—should remain within ‘the arena of public debate and legislative action.’’ The attorneys general have asked the Supreme Court of Florida to overturn the trial court’s decision and find the 15-week abortion prohibition constitutional. [...] Attorney General Cameron was joined by attorneys general from Alabama, Arkansas, Georgia, Idaho, Indiana, Iowa, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, South Carolina, South Dakota, Texas, Utah, and West Virginia in filing the brief.” [Kentucky.gov, 4/12/23]

Paxton Appealed Court Rulings To Ensure A Full Abortion Ban

2022: Paxton Was Partially Granted An Emergency Motion To A Century-Old Abortion Ban That Could Be Enforced In Civil Court To Fully Ban Abortion In Texas. According to the Austin American-Statesman, “The Texas Supreme Court late Friday blocked a lower court order issued days earlier that allowed abortions to resume in the state on a temporary basis, the latest twist in the ongoing legal battle over abortion rights in Texas. Justices partially granted an emergency motion from Texas Attorney General Ken Paxton and said the state's nearly century-old abortion ban can be enforced in civil court, making it illegal to perform abortions in Texas once again.” [Austin American-Statesman, 7/3/22]

Paxton Called The Supreme Court Of Texas’s Stay Of The Temporary Restraining Order Holding Off Abortion Bans A “Pro-Life Victory.” According to Paxton’s Twitter, “Pro-life victory! Thanks to my appeal, SCOTX has slapped down the abortion providers and the district court carrying their water. Our state’s pre-Roe statutes banning abortion in Texas are 100% good law. Litigation continues, but I’ll keep winning for Texas’s unborn babies.” [Twitter, @KenPaxtonTX, 7/2/22]

Paxton Compelled Abortion Providers And Funds To Halt Abortion Services Despite A Delay In Texas’s Trigger Law

Texas Tribune: Despite A Thirty Day Delay In Texas’s Trigger Law, Paxton’s “Opinion Has Spooked Providers And Funds Enough To Cease Abortion Services Immediately.”  According to The Texas Tribune, “Texas has a ‘trigger’ law in place that will ban all abortions from the moment of fertilization starting 30 days after the Supreme Court’s judgment, which is typically issued about a month after the initial opinion.  But clinics and abortion funds are ceasing services now because the attorney general of Texas and some anti-abortion activists are arguing that state laws that banned abortion before Roe v. Wade — that were never repealed — could now be in effect in Texas. […] The opinion has spooked providers and funds enough to cease abortion services immediately, accelerating the arrival of the post-Roe world in Texas: a world in which people who need abortions must spend time, money and resources to travel outside of the state to obtain services, a monetary privilege many can not afford.”  [Texas Tribune, 6/24/22]

Paxton Joined An Effort Of 20 Republican States To Defend South Carolina’s Heartbeat Bill In 2021

July 2021: Paxton Joined A Consortium Of 20 States Attorneys General To Push For A South Carolina Law Banning Abortions After A Heartbeat Was Detected, And Requiring Women Be Shown Ultrasounds And Sonograms. In A Statement, Paxton Called Abortion A “Life-Ending Decision.” According to a press release from the Office of the Texas Attorney General, “Attorney General Ken Paxton joined a 20-state coalition in supporting South Carolina’s defense of its Fetal Heartbeat and Protection from Abortion Act that was challenged by Planned Parenthood and enjoined by a federal district judge shortly after it was enacted. Under this law, abortions are prohibited once a fetal heartbeat is detected with few exceptions, and the mother must be given the opportunity to have an ultrasound and view the sonogram. In this case, the district court struck down the law in its entirety, including those provisions that are regularly enforced in dozens of other states. ‘The district court in this matter completely bypassed the fact that laws like the one in South Carolina protect the unborn in at least 24 states,’ Attorney General Paxton said. ‘Those parts of this legislation ensure that a woman seeking an abortion has all the facts about the life she is carrying and understands the impact of her life-ending decision.’” [Press Release – Office of the Texas Attorney General, 07/14/21]

Following The Edited Videos Of Planned Parenthood Employees Discussing The Sale Of Fetal Tissue, Paxton Called For Abortion To Be Banned

July 2015: Reacting To The Edited Videos Of Planned Parenthood Employees Discussing Fetal Tissue Sales, Paxton Claimed That Such “Horrors” Would Continue “As Long As Abortion Is Legal In The United States.” According to The Texas Observer, “While expressing horror at the videos, Paxton had a broader message. ‘More than any misdeeds involving the sale of aborted baby parts is a fundamental truth: the true abomination of all of this is the institution of abortion,’ he said. ‘At a minimum, the people involved [in the videos] project a cold, calculating, almost inhumane indifference to the lives they treat as a product they are attempting to sell. At worst, they may represent a violation of state or federal laws. But we should ever lose sight of the fact that as long as abortion is legal in the United States, these types of horrors will continue.’” [Texas Observer, 07/29/15]

Dobbs

Paxton Closed All Texas Attorney General Offices On The Day Of The Dobbs Ruling

HEADLINE: Business Insider: “Texas's Attorney General Reportedly Sent Employees Home To 'Celebrate' The Overturning Of Roe V Wade And Declared An Annual 'Sanctity Of Life' Holiday.”  [Business Insider, 6/24/22]

Paxton’s Office Declared The Day Of Dobbs Ruling As “Sanctity Of Life” Holiday

After The Supreme Court Overturned Roe, Paxton Closed His Offices In “Memorial To The Millions Of Lives Lost Due To Abortion.” According to the Office Of The Texas AG’s Twitter, “BREAKING: U.S. Supreme Court overturns Roe v. Wade and Planned Parenthood v. Casey in today’s Dobbs decision, bringing an end to the ‘right’ to abortion. Today I am closing all my offices as a memorial to the millions of lives lost due to abortion.” [Twitter, @TXAG, 6/24/22]

Texas AG’s Office Internal Memo: Paxton’s Office Declared “Sanctity Of Life” Holiday. According to a Texas AG’s Office internal memo written by Brent Webster, First Assistant AG of Texas, obtained by ProPublica reporter J. David McSwaine, “Today we celebrate life and the protection of the unborn with the U.S. Supreme Court’s reversal of Roe v. Wade.  In memory of the millions of lives lost since 1973, General Paxton is closing all OAG offices today at noon.  Going forward, today will be an annual agency holiday to commemorate the sanctity of life. […]  Attorney General Paxton and the entire Executive Leadership Team wish you and your families a safe and enjoyable ‘Sanctity of Life’ holiday.”

 

 [Twitter, @davidmcswane, 6/24/22]

Sending Employees Home Cost Texas Taxpayers Half A Million Dollars In Lost Work Time

Paxton Decision To Send Employees Home On Day Of Dobbs Ruling Probably “Without Authority” Cost Taxpayers “A Half-Million Dollars In Lost Work Time.”  According to the Dallas Morning News, “‘Praise the Lord,’ Paxton tweeted at 9:21 a.m. in announcing his decision. He called it a ‘Sanctity of Life’ holiday and declared it will be an annual office holiday. […] Can Paxton autocratically declare that 4,000 state employees take the afternoon off? There’s disagreement about whether it’s legal. […] Influential state Sen. Paul Bettencourt, R-Houston, told me there’s ‘no doubt’ the Supreme Court decision is historic. ‘But the legislature has to be the single entity that makes this decision for all state agencies on holiday policy. Flexibility is given for weather and security concerns, but not for declared state holidays.’ […] He figures that with 4,000 employees making an average of $25-an-hour (low considering how many lawyers are on staff) and taking five hours off, that’s a half-million dollars in lost work time. And that doesn’t include the cost of benefits for a large office.”  [Dallas Morning News, 6/30/22]

Paxton Praised The Overturning Of Roe V. Wade

Paxton On The Supreme Court Overturning Roe: “Today's Historic Decision Is The Culmination Of Generations Of Pro-Life Activism In Defense Of The Unborn.” According to Paxton’s Twitter, “Today's historic decision is the culmination of generations of Pro-Life activism in defense of the unborn. Texas' laws are clear – abortion is now unlawful in the Lone Star State.  I will work tirelessly to ensure our laws are fully enforced and Life is protected in Texas.” [Twitter, @KenPaxtonTX, 6/24/22]

Paxton Argued Roe V. Wade “Made Up” The Constitutional Right To Abortion 

Paxton Claimed Democrats Were “Using Hysteria” Following Dobbs Ruling, Claiming Roe V. Wade “Made Up” The Constitutional Right To Abortion That Did Not Exist In The Constitution. According to Newsmax, “The left is using hysteria to cover up the real issue behind the Supreme Court's decision to overturn the landmark Roe v. Wade decision that guaranteed women the right to an abortion nationwide, Texas Attorney General Ken Paxton told Newsmax. ‘The Supreme Court fixed a problem from 1973: It was pretty significant where the court, everybody knows it, they made up this constitutional right that didn't exist,’ Paxton, a Republican, said on Monday's ‘Spicer & Co.’ ‘There's no words in the Constitution, no amendment for it, and they put it back where it belonged under the Constitution, with elected representatives, elected by the people and that's such a crazy bad thing — the left hates it because they want this little ruling elitist group to tell us what to do, and that's not the way this country works.’” [Newsmax, 6/27/22]

Paxton Referred To Pre-Dobbs Era As “One Of The Most Morally And Legally Corrupt Eras In US History”

Paxton: “SCOTUS Just Overruled Roe & Casey, Ending One Of The Most Morally & Legally Corrupt Eras In US History.”  According to Paxton’s Twitter, “SCOTUS just overruled Roe & Casey, ending one of the most morally & legally corrupt eras in US history. Praise the Lord.  Abortion is now illegal in Texas.  And today I’m closing my office—and making it an annual holiday—as a memorial to the 70 million lives lost bc of abortion.”  [Twitter, @KenPaxtonTX, 6/24/22]

Paxton Called Roe And Casey Rulings “Illegitimate, Illegal, And Unconstitutional”

Paxton Called Roe And Casey Rulings “Illegitimate, Illegal, And Unconstitutional” And Praised The Dobbs Ruling For Bringing The Issue Of Abortion Back To The States. According to a press release from Paxton’s office, “‘Roe v. Wade and its successor case Planned Parenthood v. Casey have absolutely no basis in the U.S. Constitution,’ said Attorney General Paxton. ‘Nevertheless, for half a century, Americans have had to live under these illegitimate, illegal, and unconstitutional dictates of a partisan, willful Supreme Court. No more. Today, the question of abortion returns to the states. And in Texas, that question has already been answered: abortion is illegal here. I look forward to defending the pro-life laws of Texas and the lives of all unborn children moving forward.  Further,’ added Attorney General Paxton, ‘we cannot forget the extraordinary violence that Roe and Casey unleashed on our nation. Because of those decisions, almost 70 million babies have been killed in the womb. And so, today at noon, I am closing all my offices as a memorial to these babies. Our hearts and prayers go out to all of them. Never again should something like this happen in America.’” [Press Release – Office of the Texas Attorney General, 6/24/22]

Paxton Pledged To Enforce Pre-Roe Laws That Criminalized Abortion

Paxton: “Texas’s Pre-Roe Statutes Criminalizing Abortion Is 100% Good Law, And I’ll Ensure They’re Enforceable.” According to Paxton’s Twitter, “My appeal with the Texas Supreme Court is now on file. Texas’s pre-Roe statutes criminalizing abortion is 100% good law, and I’ll ensure they’re enforceable. Thankful for SCOTUS’s Dobbs decision paving the way to make Texas fully pro-life!” [Twitter, @KenPaxtonTX, 7/1/22]

AG’s Office: On Court-Ordered Pause On Anti-Abortion Laws, “I Will Not Hesitate To Act In Defense Of Unborn Texans Put In Jeopardy By Plaintiffs’ Wrongful Actions And The Trial Court’s Erroneous Order.” According to the TX AG’s Office’s Twitter, “The trial court was wrong to enjoin enforcement of Texas’s longstanding prohibitions on elective abortion. I will not hesitate to act in defense of unborn Texans put in jeopardy by plaintiffs’ wrongful actions and the trial court’s erroneous order.” [Twitter, @TXAG, 6/30/22] 

Paxton On A Judge Freezing Implementation Of Pre-Roe Bans: “The Judge’s Decision Is Wrong. I’m Immediately Appealing. I’ll Ensure We Have All The Legal Tools To Keep TX Pro-Life!” According to Paxton’s Twitter, “Today a Harris County judge froze pre-Roe laws criminalizing abortion in TX. But w/ SCOTUS’s Dobbs decision, these laws are 100% in effect & constitutional. The judge’s decision is wrong. I’m immediately appealing. I’ll ensure we have all the legal tools to keep TX pro-life!” [Twitter, @KenPaxtonTX, 6/28/22]

Texas Tribune: “Texas Abortion Groups File Last-Ditch Suit To Hold Off Ban For A Bit Longer.” According to the Texas Tribune, “Texas abortion providers are making a last-ditch effort to temporarily resume procedures by challenging a pre-Roe v. Wade abortion ban that has not been enforced for nearly a half-century, but that some abortion opponents argue could be enforced after the U.S. Supreme Court’s decision to overturn the constitutional right to an abortion. […] Texas Attorney General Ken Paxton, some Republican lawmakers and anti-abortion activists have argued that old state statutes banning abortion may have instantly gone back into effect following the Supreme Court’s announcement that it would overturn Roe v. Wade.” [Texas Tribune, 6/27/22]

Office Of The Texas AG: “Texas Law In A Post-Roe World Has Already Been Written.” According to the Office Of The Texas AG’s Twitter, “Texas law in a post-Roe world has already been written. Now that the Supreme court has issued Dobbs and overturned Roe, I will do everything in my power to protect the unborn and uphold the state laws duly enacted by the Texas Legislature.” [Twitter, @TXAG, 6/24/22]

Paxton Urged The Department Of Justice To Protect Supreme Court Justices From Intimidation Following The Leak Of The Dobbs Decision

May 2022: Paxton Joined Fellow Republican State Attorneys General To Urge The US Department Of Justice To Protect Supreme Court Justices From Intimidation Following The Leak Of The Dobbs Decision. According to Kentucky.gov, “Attorney General Daniel Cameron today urged U.S. Attorney General Merrick Garland to respond to recent efforts to intimidate Supreme Court Justices after a draft opinion was leaked in Dobbs v. Jackson Women’s Health Organization. […] Attorney General Cameron co-signed the letter along with 24 other state attorneys general and wrote: ‘Following last week’s leak of a draft opinion in Dobbs v. Jackson Women’s Health Organization, pro-abortion activists have begun protesting not just outside the Supreme Court, but outside the Justices’ homes, in the hope of pressuring the Justices to change their votes. As a former federal judge and the current head of the Department of Justice, you must surely appreciate the unique risks to both judges and the rule of law when judges are targeted at their homes. That is why Congress has long barred ‘picket[ing] or parad[ing]’ near a judge’s home ‘with the intent of interfering with, obstructing, or impeding the administration of justice.’ We the undersigned Attorneys General act daily to uphold the rule of law. These remarkable recent events provide you an opportunity to do the same.’ The attorneys general also noted that Garland previously used his authority to address the purported ‘threat’ of parents voicing their opinions to school boards.  Yet, when U.S. Supreme Court Justices and their families are being threatened at their homes, he has remained silent. [...] Attorney General Cameron was joined by attorneys general from Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming in writing the letter.” [Kentucky.gov, 5/12/22]

Exceptions

After A Judge Authorized An Emergency Abortion For Kate Cox, Paxton Threatened Houston Hospital With Penalties If They Performed The Abortion

2023: Paxton Threatened Houston Hospitals With Penalties If They Performed An Emergency Abortion For Kate Cox. According to MSN, “Hours after a Texas judge ruled a woman may receive an emergency abortion, Texas Attorney General Ken Paxton warned three Houston hospitals that they could still face penalties if they allow the procedure to happen […] Travis County District Judge Maya Guerra Gamble sided with the woman, Kate Cox, 31, of Dallas, in ruling that her health and fertility are at risk due to a fatal fetal diagnosis, and she should be able to receive an abortion from her Houston physician, Dr. Damla Karsan, without legal repercussions. Karsan has admitting privileges at the three hospitals Paxton targeted.” [MSN, 12/7/23]

Paxton Argued Texas Did Not Have The Responsibility To Clarify “Exceptions” For The State’s Abortion Ban

2023: Paxton Appealed To A Court That Texas Did Not Have The Responsibility To Clarify “Exceptions” To The State’s Abortion Ban With Potentially Fatal Complications. According to MSNBC, “The lawyer, Texas Assistant Solicitor General Beth Klusman, was tasked with arguing Texas Attorney General Ken Paxton’s appeal before the state’s’ highest court — an appeal in which Paxton and his office assert that Texas has no responsibility to clarify so-called ‘exceptions’ to the state’s abortion bans for pregnant people with potentially fatal complications. Instead, the attorney general’s office argues that people who experience life-threatening trauma under the state’s abortion bans should not take their concerns up with the state of Texas. Instead, they should sue their OB-GYNs for failing to risk life in prison, the loss of their medical licenses, and/or $100,000 or more in fines.” [MSNBC, 11/29/23]

Paxton Filed A Lawsuit Against The Biden Administration Over The Executive Order Protecting Emergency Abortion Care

Paxton Accused President Biden Of Trying To Turn Emergency Rooms Into “Walk-In Abortion Clinics”

Paxton Said Biden Tried To Turn Every Emergency Room Into A Walk-In Abortion Clinic. According to the Austin Chronicle, “Shortly after the Supreme Court overturned Roe v. Wade in June 2022, the Biden administration told hospitals that they ‘must’ provide emergency abortion services if the life of the mother is at risk, because the federal Emergency Medical Treatment and Labor Act (EMTALA) passed in 1986 trumps state laws that block doctors from providing abortions. Texas A.G. Ken Paxton sued over that guidance, claiming in the complaint that Biden was attempting ‘to transform every emergency room in the country into a walk-in abortion clinic.’ The A.G. argued that EMTALA does not specifically name abortions or protect the right to ‘any specific treatment.’” [Austin Chronicle, 1/3/24]

Paxton Slammed Biden For “Disregarding” Texas’s Legislative Process Through The Executive Order

Paxton’s Lawsuit Called The Executive Order An “Attempt To Use Federal Law To Transform Every Emergency Room In The Country Into A Walk-In Abortion Clinic.”  According to the Healthcare Innovation Group, “HHS’s July 11 guidance states that EMTALA protects providers offering emergency abortion services, even if a state law outlaws it. But Paxton’s federal suit, which was filed in U.S. District Court for Northern Texas, contends the directive from the Department of Health and Human Services is an ‘attempt to use federal law to transform every emergency room in the country into a walk-in abortion clinic’ and should be blocked.”  [Healthcare Innovation Group, 7/17/22]

Paxton: “Biden Is Attempting To Twist Federal Law To Force Abortions In TX” And “I’ll Ensure The Left’s Abortion Agenda Can’t Reach TX Babies.” According to Paxton’s Twitter, “Biden is attempting to twist federal law to force abortions in TX. SCOTUS returned the issue to states. TX law protects pre-born life. Biden’s HHS is attempting to undo all that.  Not on my watch. I just filed suit. I’ll ensure the left’s abortion agenda can’t reach TX babies.”  [Twitter, @KenPaxtonTX, 7/14/22]

Paxton Criticized Biden For “Flagrantly Disregarding The Legislative And Democratic Process And Flouting The Supreme Court’s Ruling” For Executive Orders Ensuring Women Can Receive Abortions In Emergency Situations. According to the Texas Standard, “The Department of Health and Human Services instructed hospitals that federal law requires doctors to perform abortions for pregnant people who show up in their emergency rooms if they believe the procedure is, ‘the stabilizing treatment necessary’ to resolve an emergency medical condition.  On Thursday, Texas Attorney General Ken Paxton filed suit against the Biden administration, accusing the president of ‘flagrantly disregarding the legislative and democratic process and flouting the Supreme Court’s ruling before the ink is dry.’”  [Texas Standard, 7/15/22]

Paxton Sued Biden Administration Over The Executive Order

Paxton: Democrats And The Media’s “Claims About My Suit Are Dishonest And Inaccurate” And “My Lawsuit Would Not Prevent Any Pregnant Women From Receiving Life-Saving Emergency Medical Care.” According to a statement Paxton released on his Twitter, “It's no surprise that the Democrats and the leftwing media are having a meltdown over the pro-life lawsuit I filed today against the Biden Administration. Their claims about my suit are dishonest and inaccurate. Likely none of them have read the complaint, so let me help them and clarify: My lawsuit would not prevent any pregnant women from receiving life-saving emergency medical care, like for those with an ectopic pregnancy or preeclampsia.”  [Twitter, @KenPaxtonTX, 7/14/22]

NY Post: “Texas Attorney General Ken Paxton Sued The Biden Administration Thursday Over A Federal Rule That Allows Hospitals To Perform Abortions In Medical Emergencies.” According to the NY Post, “Texas Attorney General Ken Paxton sued the Biden administration Thursday over a federal rule that allows hospitals to perform abortions in medical emergencies — even in states where trigger bans took effect after the Supreme Court struck down Roe v. Wade.  The Biden White House response to the overturning of Roe v. Wade ‘is to attempt to use federal law to transform every emergency room in the country into a walk-in abortion clinic,’ the Texas lawsuit says.  ‘President Biden is flagrantly disregarding the legislative and democratic process​ — and flouting the Supreme Court’s ruling before the ink is dry​ — by having his appointed bureaucrats mandate that hospitals and emergency medicine physicians must perform abortions​,’ the suit says.” [NY Post, 7/14/22]

HEADLINE: “Nothing Pro-Life About The Texas Attorney General’s Abortion Lawsuit.” [Editorial Board – Washington Post, 7/18/22]

Editorial Board: Paxton Was Either “Woefully Ignorant” Of The Lifesaving Exemption In Texas’s Abortion Ban Or He Thought He Could “Willfully Defy” The Exemption For His Political Agenda. According to an opinion by the Editorial Board of the Washington Post, “Texas’s law banning abortion contains exceptions to save the life of the mother or to prevent ‘substantial impairment of major bodily function.’ Texas Attorney General Ken Paxton (R) is either woefully ignorant of this lifesaving provision or thinks he can willfully defy it in pursuit of his extremist political goals. Those are the conclusions to be drawn from his legal challenge to a directive from the Biden administration that underscores the obligations of physicians to their patients.” [Editorial Board – Washington Post, 7/18/22]

The Washington Post Editorial Board Criticized Paxton’s Lawsuit Against The Biden Administration’s Order Protecting Abortion Care In Emergency Situations.  According to the Editorial Board of the Washington Post, “Texas’s law banning abortion contains exceptions to save the life of the mother or to prevent ‘substantial impairment of major bodily function.’ Texas Attorney General Ken Paxton (R) is either woefully ignorant of this lifesaving provision or thinks he can willfully defy it in pursuit of his extremist political goals. Those are the conclusions to be drawn from his legal challenge to a directive from the Biden administration that underscores the obligations of physicians to their patients. […] The administration made clear that the requirement to provide stabilizing treatment exists even in states with abortion laws that contain no exception for the life or health of the mother. Violation of EMTALA could result in a government fine, a patient lawsuit or loss of Medicare funds.  Days after the guidance was issued, Mr. Paxton filed a federal court lawsuit challenging the directive, alleging it would create an ‘abortion mandate’ that would ‘transform every emergency room in the country into a walk-in abortion clinic.’ […] Mr. Paxton professes to be pro-life. Yet he is saying that in cases where an emergency abortion is needed to save a woman’s life, the doctor does not have a duty to save the woman’s life.” [Editorial Board – Washington Post, 7/18/22]

Paxton: On His Lawsuit Against Biden’s Executive Orders Protecting Abortion Rights, Paxton Tweeted “I’m Focused On Defending Life In TX & Holding Biden Accountable For His Attempts To Usurp TX Law By Executive Fiat.”  According to Paxton’s Twitter, “Thanks to the recent SCOTUS ruling, abortion laws are handled by The States. While Pelosi & House Dems are busy passing bills that won’t make it through the Senate, I’m focused on defending life in TX & holding Biden accountable for his attempts to usurp TX law by executive fiat.” [Twitter, @KenPaxtonTX, 7/15/22]

Office Of The Texas AG: “I Will Not Allow This Administration To Undermine And Distort Existing Law To Force Abortions In Texas.” According to the TX AG’s Office Twitter, “Today, I filed my 29th lawsuit against the Biden Administration. I will not allow this administration to undermine and distort existing law to force abortions in Texas.”  [Twitter, @TXAG, 7/14/22]

Paxton: “It’s No Surprise That The Democrats And The Leftwing Media Are Having A Meltdown Over The Pro-Life Lawsuit I Filed Today Against The Biden Admin.” According to Paxton’s Twitter, “It’s no surprise that the Democrats and the leftwing media are having a meltdown over the pro-life lawsuit I filed today against the Biden Admin.”  [Twitter, @KenPaxtonTX, 7/14/22]

Paxton: Democrats And The Media’s “Claims About My Suit Are Dishonest And Inaccurate” And “My Lawsuit Would Not Prevent Any Pregnant Women From Receiving Life-Saving Emergency Medical Care.”  According to a statement Paxton released on his Twitter, “It's no surprise that the Democrats and the leftwing media are having a meltdown over the pro-life lawsuit I filed today against the Biden Administration. Their claims about my suit are dishonest and inaccurate. Likely none of them have read the complaint, so let me help them and clarify: My lawsuit would not prevent any pregnant women from receiving life-saving emergency medical care, like for those with an ectopic pregnancy or preeclampsia.”  [Twitter, @KenPaxtonTX, 7/14/22]

Pregnancy Centers

Paxton Joined A Letter To Yelp Voicing Opposition To Their “Discrimination” Against Crisis Pregnancy Centers 

February 2023: Paxton Joined Fellow Republican State Attorneys General To Send A Letter To Yelp Opposing Their “Discrimination” Against Crisis Pregnancy Centers. According to Kentucky.gov, “Attorney General Daniel Cameron today led a 24-state coalition of attorneys general in sending a letter to Yelp opposing the company’s practice of discriminating against crisis pregnancy centers in online consumer notices. […] Last year, following pressure by Democrats for Alphabet to discriminate against pro-life crisis pregnancy centers in Google Search results, Yelp announced that the company would begin issuing consumer notices to the Yelp profiles of crisis pregnancy centers. The notices claim to inform consumers that crisis pregnancy centers ‘typically provide limited medical services and may not have licensed medical professionals onsite.’ In their letter, General Cameron and the attorneys general argue that applying these notices to all crisis pregnancy centers but not to Planned Parenthood and related facilities is discriminatory. The attorneys general write, ‘The fact that Yelp has apparently applied the Consumer Notice only to crisis pregnancy centers means that Yelp has singled out crisis pregnancy centers for disparate treatment. This sort of discrimination is unacceptable.’ The coalition also contends that recategorizing the services of crisis pregnancy centers is misguided because these services are in high demand. The attorneys general have called on Yelp to stop misrepresenting the services of these crisis pregnancy centers. In 2019, crisis pregnancy centers provided ultrasounds, pregnancy tests, STD testing, parenting and prenatal education classes, recovery counseling, and other services valued at over $266 million to nearly two million Americans. [...] Attorney General Cameron was joined by attorneys general from Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Mississippi, Montana, Missouri, Nebraska, North Dakota, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming in sending the letter.” [Kentucky.gov, 2/7/23]

Paxton Was Involved In Legal Battle With Yelp Over The Labeling Of Crisis Pregnancy Centers As “Anti-Abortion Centers”

2023: Yelp Filed A Preemptive Lawsuit Against Paxton For Free Speech Violations Over Threatened Prosecution Regarding Yelp’s Description Of “Anti-Abortion Centers” As Crisis Pregnancy Centers. According to Mashable, “Texas' tense reproductive health environment is once again under legal scrutiny, as Texas Attorney General Ken Paxton and business review site Yelp have both filed suits over the site's description of anti-abortion centers, also known as ‘crisis pregnancy centers.’ On Sept. 27, Yelp filed a preemptive lawsuit against the Attorney General of Texas, citing that the threatened prosecution of Yelp for its statements about anti-abortion centers would violate the First Amendment. Paxton filed a lawsuit against Yelp on Sept. 28 due to the company's process of alerting users when they're visiting the site of a known anti-abortion center, alleging that Yelp's language misled consumers about anti-abortion centers' offerings and violated the Texas Deceptive Trade Practices Consumer Protection Act.” [Mashable, 10/3/23]

Paxton Joined A Letter Urging Google To Not “Discriminate” Against Crisis Pregnancy Centers

July 2022: Paxton Joined Fellow Republican State Attorneys General To Send A Letter To Google Urging Them Not To “Discriminate” Against Crisis Pregnancy Centers. According to Kentucky.gov, “Attorney General Cameron today joined Virginia Attorney General Jason Miyares and a coalition of 15 other states in sending a letter to Google expressing concerns about recent political pressure encouraging Google to discriminate against crisis pregnancy centers in search results, online advertising, and other products like Google Maps. Senator Elizabeth Warren (D-MA) has advocated for the shutting down of crisis pregnancy centers, and Senator Mark Warner (D-VA) and Congresswoman Slotkin (D-MI), joined by 19 of their Democrat colleagues, sent Google their own respective letter, urging them to discriminate against these private charities by removing them from search results. In their letter, the Attorneys General promise to investigate potential violations of antitrust laws and religious discrimination, should Google fall to this political pressure and attack free speech. [...] Attorney General Cameron, together with Attorney General Miyares, was joined by attorneys general from Alabama, Arizona, Arkansas, Indiana, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, Oklahoma, South Carolina, Texas, Utah, and West Virginia in sending the letter.” [Kentucky.gov, 7/21/22]

Paxton Blamed Biden For Alleged Threats Against Crisis Pregnancy Centers

Paxton Blamed The Biden Administration For Alleged Threats Against Crisis Pregnancy Centers. According to Paxton’s Twitter, “Joe Biden’s administration refuses to crack down on dangerous threats of politically motivated violence. Let me be very clear, these threats are completely unacceptable and any threat or such violence in Texas will be prosecuted to the fullest extent of the law.” [Twitter, @KenPaxtonTX, 6/15/22]

Paxton Served On The Board Of A Crisis Pregnancy Center

Paxton Served On The Board Of The Prestonwood Pregnancy And Family Care Center, A Crisis Pregnancy Center Operator. According to Texas Monthly, “Paxton has been married to his wife, Angela, for thirty years, and they have four children. They met as undergraduates at Baylor University, and she refers to June 1 as ‘I Love You Day,’ the anniversary of the first time Paxton spoke those words to her. They were among the founders of the nondenominational evangelical Stonebriar Community Church in Frisco, just west of McKinney, where Angela would mentor young women, teaching them how to dress modestly but with style. He’s served on the board of the Prestonwood Pregnancy and Family Care Center, an agency dedicated to steering women away from abortion. The Paxtons later moved their worship to Prestonwood Baptist Church, a mega-congregation on two campuses in the northern Dallas suburbs, which is built on the ‘inerrant truth of the Bible.’ With the exception of the fraud indictments against him, Paxton is a pillar of his community, a fundamentalist who wears his Christianity on his sleeve.” [Texas Monthly, 12/16]

Restrictions And Requirements

Paxton Joined An Amicus Brief Urging The Supreme Court To Uphold Mifepristone Restrictions

April 2023: Ken Paxton Joined Fellow Republican State Attorneys General To File An Amicus Brief Urging The Supreme Court To Uphold The Fifth Circuit’s Decision To Restrict Mifepristone. According to Kentucky.gov, “Attorney General Daniel Cameron today joined 21 states in filing an amicus brief, urging the Supreme Court of the United States to protect the right of each state to regulate abortion. […] The attorneys general have asked the U.S. Supreme Court to deny the U.S. Food and Drug Administration’s (FDA) and a drug manufacturer’s requests to stay a ruling by the U.S. Court of Appeals for the Fifth Circuit, which limited the circumstances in which mifepristone is approved for use. The FDA had previously approved the distribution of mifepristone for ‘the medical termination of intrauterine pregnancy’ through 70 days pregnancy.” [Kentucky.gov, 4/18/23]

Paxton Joined A Letter Urging CVS And Walgreens To Stop Distributing Abortion Pills Through The Mail In Anti-Abortion States

February 2023: Paxton Joined Fellow Republican State Attorneys General To Send Letters To CVS And Walgreens Urging Them To Stop Distributing Abortion Pills Via Mail In Anti-Abortion States. According to Kentucky.gov, “Attorney General Daniel Cameron joined a coalition of 20 attorneys general in sending a letter to CVS Health (CVS) and Walgreens Boots Alliance, Inc. (Walgreens) to stop the companies’ plan to unlawfully distribute abortion pills by mail. […] After the Biden administration issued an unsound legal opinion for the U.S. Postal Service about the relevant federal law, which prohibits using the mail to send or receive any drug that will ‘be used or applied for producing abortion,’ CVS and Walgreens announced plans to obtain and sell abortion pills through the mail. In their letter, the attorneys general informed CVS and Walgreens that the Biden Administration has misinterpreted federal law. The coalition writes, ‘Although many people are unfamiliar with this statute because it has not been amended in a few decades, the text could not be clearer: ‘every article or thing designed, adapted, or intended for producing abortion … shall not be conveyed in the mails.’’ The attorneys general also warned that the practice of sending abortion pills by mail may violate the laws of many states across the country. In Kentucky, the Human Life Protection Act prohibits ‘procur[ing] for’ or ‘sell[ing] to any pregnant woman any medicine, drug, or other substance with the specific intent’ of causing an abortion. The coalition also points out that ‘abortion pills are far riskier than surgical abortions,’ and according to medical consensus are ‘5.96 times as likely to result in a complication as first-trimester aspiration abortions.’ Mail-order abortion pills could also lead to an increase in coerced abortions due to lack of oversight. [...] Attorneys General Cameron joined attorneys general from the following states Alabama, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Mississippi, Montana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, and Wyoming in filing the brief.” [Kentucky.gov, 2/6/23]

Paxton Filed A Lawsuit That Challenged Pharmacists' Ability To Prescribe Abortion-Inducing Medication

2023: Paxton Filed A Lawsuit That Challenged Pharmacists To Prescribe Abortion-Inducing Medication. According to The Denton Record Chronicle, “Attorney General Ken Paxton filed a lawsuit Tuesday challenging guidance that directed pharmacies to fill prescriptions for abortion-inducing medication, the latest in an ongoing effort to block federal efforts to protect abortion access. Last summer, just a few weeks after the overturning of Roe v. Wade, the U.S. Department of Health and Human Services issued guidance to the nation's 60,000 retail pharmacies, ‘reminding them of their obligations under federal civil rights laws.’ Since they receive federal funding, including from Medicare and Medicaid, pharmacies cannot discriminate on the basis of race, color, national origin, sex, age or disability when it comes to supplying prescribed medications, the guidance said.” [Denton-Record Chronicle, 2/8/23]

In 2021, Paxton Did Not Join A Lawsuit Against The Biden Administration Over The Withdrawal Of A Rule That Had Mandated Federally-Funded Family Planning Clinics To Separate Themselves From Abortions 

October 2021: Paxton Did Not Join Fellow Republican State Attorneys General’s Lawsuit Against The Biden Administration Over The Withdrawal Of A 2019 Rule That Had Required Federally-Funded Family Planning Clinics To Separate Themselves Fully From Abortion Purposes. According to Kentucky.gov, “Attorney General Daniel Cameron today joined 11 other states in filing a lawsuit against the Biden administration to ensure that taxpayer dollars do not support abortions. The lawsuit, filed in the U.S. District Court for the Southern District of Ohio, seeks to invalidate the Biden Administration’s new rule that weakens protections against taxpayer dollars being used to support abortions. The Biden Administration is withdrawing a 2019 rule that required federally funded family-planning clinics to be physically and financially independent of abortion clinics and to refrain from referring patients for abortions. The purpose of the 2019 rule was to prevent taxpayer money from being used to fund and support abortions— which remains illegal under the Title X program to this day. [...] Attorney General Cameron joined the Ohio-led lawsuit alongside Alabama, Arizona, Arkansas, Florida, Kansas, Missouri, Nebraska, Oklahoma, South Carolina, and West Virginia.” [Kentucky.gov, 10/26/21]

Paxton Used The Outbreak Of The Novel Coronavirus To Block Access To Abortions, Forcing Women To Risk Traveling During A Pandemic

April 2020: Following The Outbreak Of The Coronavirus, Paxton Classified Abortions As “Not Medically Necessary,” Essentially Blocking Them Following Abbott’s Executive Order Blocking All Unnecessary Medical Procedures. According to The Texas Tribune, “Citing the need to preserve health care capacity for COVID-19 patients, Texas Attorney General Ken Paxton said Monday that abortions should not be performed unless the mother's life is in danger. The warning comes one day after Gov. Greg Abbott ordered health care facilities and professionals to postpone all procedures that are deemed ‘not medically necessary’ as the state gears up for an influx of patients with COVID-19, the disease caused by the new coronavirus. […] ‘No one is exempt from the governor’s executive order on medically unnecessary surgeries and procedures, including abortion providers. Those who violate the governor’s order will be met with the full force of the law,’ a statement from Paxton's office reads.” [Texas Tribune, 03/23/20]

2020: Paxton Clarified That Abortions, Excluding Abortions Needed To Save The Life Or Health Of The Mother, Were Subject To Abbott’s Delay Of Surgeries And Medical Procedures As A Response To The COVID-19 Pandemic. According to the New York Times, “On Monday, Ken Paxton, the attorney general of Texas, clarified that the postponement of surgeries and medical procedures announced by Gov. Greg Abbott over the weekend included ‘any type of abortion that is not medically necessary to preserve the life or health of the mother.’” [New York Times, 3/24/20]

2020: Paxton Said Abortion Was Included In A List Of Non-Essential Surgeries. According to the Associated Press, “A new Ohio order is also unconstitutional if it prevents abortions from being carried out, a separate judge ruled Monday. The ruling instructed clinics to determine on a case-by-case basis if an abortion can be delayed to maximize resources - such as preserving personal protective equipment - needed to fight the coronavirus. If the abortion is deemed necessary and can't be delayed, it's declared legally essential. The rulings indicated judges were pushing back on Republican-controlled states including abortion in sweeping orders as the outbreak grows in the U.S. In Texas, the ruling came down after state Attorney General Ken Paxton, a Republican, said abortion was included in a statewide ban on nonessential surgeries.” [Associated Press, 3/31/20]

Paxton Backed The Trump Administration’s Efforts To Block Undocumented Minors From Receiving Abortions

October 2017: Paxton Filed A Court Brief In Support Of The Trump Administration To Stop An Undocumented Minor From Receiving An Abortion, Including Sending Her To A Crisis Pregnancy Center. According to the Austin Chronicle, “Doubling up on his red meat, Attorney General Ken Paxton declared in a court brief this week in support of the Trump administration’s decision to prevent an undocumented minor from obtaining abortion in the state that Texas ‘must not become a sanctuary state for abortions.’ The case now hangs in legal limbo after a California-based federal judge on Wednesday refused to hear the emergency legal plea requesting she allow the procedure. According to court records, 17-year-old Jane Doe, who fled from Central America unaccompanied, was blocked from accessing abortion care while at a federally funded migrant center in Brownsville. Instead, Doe was sent to a religious, anti-choice crisis pregnancy center, where she was ‘forced’ to look at a sonogram. ‘Defendants have been talking to me about my pregnancy. I feel like they are trying to coerce me to carry my pregnancy to term,’ said Doe of officials with the the Office of Refugee Resettlement, under the umbrella of the U.S. Health and Human Services. Doe wishes to remain anonymous out of fear of retaliation from her family; however, she claims ORR officials revealed her pregnancy to her mother and have pushed her to do the same. The young girl obtained the necessary court authorization (called a ‘judicial bypass’) for the abortion and had scheduled a state-mandated sonogram appointment with a physician for Sept. 28. The procedure itself was scheduled for the next day. But Doe says the shelter forbade her from attending the appointment, even when her judge-appointed guardian offered to transport her. Susan Hays, legal director of Jane’s Due Process, helped Doe secure her judicial bypass. Doe’s story isn’t a one-off incident, rather it appears to fit a pattern, said Hays. ‘From prior experience we knew ORR was acting really strange when it comes to reproductive health care, so we anticipated that something bad could happen and were on high alert,’ she said.” [Austin Chronicle, 10/12/17]

As A Representative, Paxton Pushed Mandatory Ultrasound Legislation

As A State Representative, Paxton Pushed Legislation To Require Ultrasounds Before An Abortion. According to Texas Monthly, “Paxton, meanwhile, wasn’t exactly a towering figure during almost a dozen years in the Legislature, as a representative and later a senator. He passed few bills of statewide importance. Perhaps the most notable piece of legislation that he passed was one requiring ‘Welcome to Texas’ highway signs to include the phrase ‘Proud to Be the Home of President George W. Bush.’ (Paxton later amended the statute to remove the phrase after Bush left office.) Before the 2011 session, he ran against incumbent Joe Straus to become Speaker of the House, but he surrendered before the vote was taken because he’d failed to rally enough support in the Republican Caucus. However, the bills Paxton didn’t get passed were probably more important to his political ascension. He carried a bill to prevent school districts from obtaining sex-education materials from organizations like Planned Parenthood, and he co-authored a state constitutional amendment to protect from lawsuits individuals and businesses that refused to provide services because of religious objections. And he rallied support for legislation to require women to get a sonogram before an abortion. These proposals made Paxton a favorite of religious conservatives, and they aligned with his own fundamentalism.” [Texas Monthly, 12/16]

Paxton Defended And Lost Fight For Texas’ Restrictions On Abortion Providers In Whole Woman's Health v. Hellerstedt

Texas Monthly: One Of Paxton’s “Signature Issues” Was Defending Texas’ Restrictions On Abortion Providers In Whole Woman's Health v. Hellerstedt. According to Texas Monthly, “On March 1, the New York Times profiled Keller and Stephanie Toti, a lawyer for the Center for Reproductive Rights, as they prepared to face off before the U.S. Supreme Court over Texas’s new restrictions on abortion clinics. The fight to preserve the anti-abortion law was one of Paxton’s signature issues, but his name didn’t even appear in the Times piece. Castle, the communications director, and her staff had contacted about fifty national news organizations but could not get Paxton any major interviews. Tension grew between his political aides and the agency staff. Agency insiders said that while sitting in the Supreme Court cafeteria, Smith, Paxton’s political aide, pulled up a copy of the Times article on Keller, turned to a communications deputy, and complained that she was ‘sick and tired’ of seeing other people’s names in the papers. Smith denies the exchange occurred. (The Supreme Court would later overturn the law’s most restrictive measures, saying it placed an undue burden on a woman’s constitutional right to an abortion.) Paxton had traveled to Washington for the oral arguments. He bought his own tickets on Southwest Airlines on a promotional ‘Wanna Get Away’ fare, for a round-trip total of $450. And in what appears to have been a fit of petty pique, a handwritten note was included on a voucher submitted to the state that read, ‘Purchasing own airfare resulted in conservation of state funds.’ Attached to it was a copy of Roy’s voucher, showing that his ticket had cost the state $1,176. ‘Comparison for what our agency would have incurred,’ another handwritten note says.” [Texas Monthly, 12/16]

Paxton Pushed Extreme Abortion Restrictions Following His Ascension To The Texas Attorney General’s Office

October 2015: Paxton Wrote To Texas Lieutenant Governor Dan Patrick, Providing Him With A Laundry List Of Abortion Restrictions To Recommend To The State Senate. According to The Texas Office of The Attorney General, “As you craft interim charges for examination by Senate Committees during the time between this past Session and the 2017 Session of the Legislature, I recommend that you consider investigating some of the ways Texas can: (1) further protect the life and dignity of unborn babies, and (2) further protect our religious liberties.” [Texas Attorney General, 10/07/15]

October 2015: Paxton Recommended The Lieutenant Governor Study Whether Texas Should, Among Other Things: Reduce The 20 Week Limit, Prohibit Taxpayer Funds From Paying For Abortions, Require Anesthetic In Abortion, Raise Fetal Disposal Standards To Human Burial Ones, And Granting The Office Of The Attorney General The Power To Investigate Civil Violations. According to a letter from the Office of the Texas Attorney General, “Areas you may want to examine include, among other possibilities, whether Texas should: Outlaw partial birth abortions and dismemberment procedures. Assess other prudent and medical advances suggest a prohibition on abortions lower than the current 20-week limit (as in much of Europe and Russia). Consider a comprehensive statute prohibiting the use of Texas taxpayer funds to pay for abortions. More effectively regulate the business of sale, donation, and use of aborted babies and their body parts. Prohibit the purchase of aborted babies and their body parts from a patient. Require adequate and informed consent by a person donating aborted babies and their body parts. Place stricter reporting and transparency requirements on abortion facilities, tissue brokers, and purchasers of aborted babies and their body parts. Prohibit state or local government entities from acquiring aborted babies or their body parts. More effectively regulate abortion providers regarding their treatment of aborted babies and their body parts, both before and after the abortion. Require the use of an anesthetic abortifacient. Require each aborted baby to be treated with the same dignity as any other deceased person in terms of disposition of their remains. Heighten the reporting requirements, including the position of the baby and specific steps taken by the doctor who preforms the abortion. Require abortion providers to report to law enforcement as potential sexual assault any pregnancy of a minor 16 years old or younger. Increase the administrative regulatory authority powers of applicable agencies, including: Allowing the Department of State Health Services to impose increased penalties, including closure orders, for violations and to conduct at least annual inspections. Granting the Office of the Attorney General investigative enforcement authority for civil violations as well as joint criminal enforcement authority with local prosecutors. [Letter – Office of the Texas Attorney General, 10/07/15]

Paxton Criticized Primary Opponent For Supporting Third Trimester Abortion Expansions

2014: State Senator Paxton Criticized Republican Primary Opponent For His Amendment Proposal That Would Have Expanded Third Trimester Abortions In 2005. According to The San Antonio Express-News, “State Sen. Ken Paxton, R-McKinney - the top vote-getter in the March 4 primary - is hitting state Rep. Dan Branch, R-Dallas, over an amendment he offered in 2005 that would have expanded third-trimester abortions, not prohibited in the state at that time, if fetuses suffered irreversible brain or vital organ damage. The amendment was tabled. But the Paxton campaign has used the amendment to question Branch's conservative bona fides. Branch has fought back.” [San Antonio Express News, 3/20/14]

General Attacks On Planned Parenthood

Paxton Sought To Restrict Family Planning Services To Public Schools From Abortion-Related Organizations

2013: Paxton Filed Legislation That Would Have Prohibited Organizations That Performed Abortions Or Were Related To Abortions From Providing Family Planning To Public Schools. According to The Texas Observer, “In a packed hearing room, the Senate Education Committee heard testimony on the latest controversial legislation filed by tea partier Ken Paxton (R-McKinney). Senate Bill 521 would prevent any organization that performs abortions or any organization affiliated with an organization that performs abortions (read: Planned Parenthood) from providing 'human sexuality' or family-planning instruction (or instruction materials) in public schools. The bill would also require parental consent before children receive sex education.” [Texas Observer, 3/16/13]

Paxton Accused Texas House Speaker Joe Straus Of Favoring Abortion 

2010: In A Campaign Email, Paxton Claimed Then-Texas House Speaker Joe Straus Favored Abortion And That His Rabbi Was On The Board For Planned Parenthood. According to The Religion Clause, “In the Texas state legislature, Joe Straus, the current speaker of the House of Representatives, is being challenged by two other Republicans who are more conservative. Yesterday's Dallas Morning News reports that supporters of challengers Rep. Warren Chisum and Rep. Ken Paxton are stressing their candidates' Christian values and in e-mails are alluding to the fact that Straus is Jewish. A Houston Chronicle opinion piece carries a detailed examination of what it calls the ‘religious campaign against Straus.’ Some of the opposition pieces claim Straus favors abortion and points out that his rabbi is on the board of Planned Parenthood. A Dallas Morning News report analyzes the claim that Straus received a 100% National Abortion Rights League rating for 2007.” [Religion Clause, 11/3/10]