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US Defends Emergency Abortion Rule in Texas AG’s Lawsuit

  • Texas sued US over rule on abortion when mother is at risk
  • State calls it ‘abortion mandate’; US says consistent with law
Demonstrators take part in the Women's March and Rally for Abortion Justice at the State Capitol in Austin, Texas.

Demonstrators take part in the Women's March and Rally for Abortion Justice at the State Capitol in Austin, Texas.

Photographer: Sergio Flores/AFP/Getty Images

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The Biden administration asked a judge to throw out a Texas lawsuit challenging a federal mandate that emergency abortions in hospitals take priority over state bans on such procedures, calling the rule “reasonable and reasonably explained.”

The guidance is needed to protect the lives of pregnant patients facing medical emergencies, after the US Supreme Court overturned the constitutional right to abortion, the Justice Department said in a motion to dismiss the suit late Monday in federal court in Lubbock, Texas.