Texas AG declares 'total victory' over Biden admin. in parental consent case

By CP Staff, Monday, December 09, 2024

The U.S. Department of Health and Human Services building is shown August 16, 2006, in Washington, D.C. The HHS building, also known as the Hubert H. Humphrey building, is located at the foot of Capitol Hill and is named for Humphrey, who served as a U.S. senator from Minnesota and vice president of the United States. | Mark Wilson/Getty Images

Texas Attorney General Ken Paxton has dropped a lawsuit challenging a Biden administration policy that affirms minors' right to access confidential contraception through the Title X program without parental consent after the White House signaled it would no longer enforce the policy.

The legal battle, which began in July, centered on the federal rule that allows teens to receive birth control without parental consent, a provision Paxton argued conflicted with a previous ruling from the 5th U.S. Circuit Court of Appeals.

In a media statement, Paxton's office said the Biden administration informed a U.S. district court that it will not attempt to "enforce the challenged regulation" in Texas, which a Paxton spokesperson said "effectively vacates the unlawful rule in Texas."

In response, Paxton filed a notice of dismissal.

"The Biden-Harris Administration threatened to withhold taxpayer money to coerce healthcare providers into violating state law and providing contraceptives to children without any parental oversight," said Paxton. "We won a complete and total victory, forcing the outgoing administration to abandon its illegal agenda."

The background to the case traces back to the Nixon-era Title X program, which ensures confidential contraception access to individuals of all ages, regardless of income or immigration status. Federal regulations have long prevented Title X providers from requiring parental consent for minors seeking birth control.

However, in 2020, Texas father Alexander Deanda filed a lawsuit arguing that this provision violated his parental rights under the Texas Constitution.

Deanda, represented by conservative attorney Jonathan Mitchell, brought the case before Judge Matthew Kacsmaryk in Amarillo, a Trump appointee who ruled that Title X providers in Texas must ask for parental consent before prescribing birth control to minors. The 5th Circuit upheld Kacsmaryk's decision in March 2023.

The Biden administration issued a new rule in 2021, clarifying that Title X providers cannot require parental consent for minors seeking family planning services. This rule was challenged by Texas, with Paxton claiming it defied the 5th Circuit's judgment and would undermine state law.

However, the U.S. Department of Health and Human Services issued a statement after the 5th Circuit ruling, indicating it would not enforce the confidentiality clause for minors in Texas if it conflicted with state law.

The department argued that Texas had not suffered any harm and, therefore, had no standing to pursue the lawsuit.