Texas Thursday filed a lawsuit challenging President Joseph Biden’s executive order which preempts states’ abortion laws with federal law when emergency care is required to save a mother’s life. Biden signed the executive order Monday in response to the Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization that eliminated the constitutional right to an abortion provided by Roe v. Wade.

In the complaint, Texas Attorney General Ken Paxton argues that under the Emergency Medical Treatment and Labor Act (EMTALA) the federal government does not have the power to “force hospitals and doctors to commit crimes and licensure under Texas law.” In the complaint Texas writes:

EMTALA does not mandate access to abortion or codify a right to an abortion as “stabilizing treatment” for an “emergency medical condition.” The Abortion Mandate cites no other federal law that would authorize or require an abortion. No federal statute, including EMTALA, supersedes or preempts the States’ power to regulate or prohibit abortion.

Texas also argues that the executive order violates the Hyde Amendment as well as the Weldon Amendment. In the complaint, Texas claims together the amendments prohibit the federal government from funding abortions with federal dollars except when the pregnancy is “the result of rape or incest or the woman’s life is in danger.”

In response, White House Press Secretary Karine Jean- Pierre tweeted: “The Texas Attorney General’s lawsuit is yet another example of an extreme and radical Republican elected official. It is unthinkable that this public official would sue to block women from receiving life-saving care in emergency rooms, a right protected under U.S. law.”