Texas Attorney General Ken Paxton has sued in federal court seeking to overturn guidance from the Biden administration that advised medical professionals that women are entitled emergency abortions under federal law if medically necessary, even if doing so goes against state law.

Earlier this week, Biden’s Department of Health and Human Services sent a letter to medical practitioners around the country about a 1985 federal law called the Emergency Medical Treatment and Active Labor Act.

As front-line health care providers, that federal statute “protects your clinical judgment and the action that you take to provide stabilizing medical treatment to your pregnant patients, regardless of the restrictions in the state where you practice,” the guidance reads. The law says that only doctors can determine what the correct medical care is, according to the Biden administration’s interpretation, and, “Any state laws or mandates that employ a more restrictive definition of an emergency medical condition are preempted.”

A separate guidance issued by the Centers for Medicare & Medicaid Services also on Monday warned that hospitals under the law owe a duty of care to those who seek medical help; and if they don’t meet it, they can lose their ability to access federal Medicare funds. For example: If a woman in Texas checked into a hospital with an emergency medical condition that would kill her unless the fetus were aborted, the hospital couldn’t turn her away or transfer her against her will to another state without risking their access to federal funds.,,,,,

The federal Department of Health and Human Services did not immediately respond to a request for comment, but Secretary Xavier Becerra issued a statement Monday when the guidance was issued.

“Under the law, no matter where you live, women have the right to emergency care — including abortion care,” Becerra wrote. “Health care must be between a patient and their doctor, not a politician. We will continue to leverage all available resources at HHS to make sure women can access the life-saving care they need.”