The Biden administration has warned hospitals that they might lose Medicare funding if they refuse to allow abortions in some circumstances, regardless of state laws restricting the practice.

Xavier Becerra, the Secretary of Health and Human Services, claimed that “federal law preempts state abortion bans when needed for emergency care.” He cited a 1985 federal law requiring hospitals to provide emergency care to patients who may be unable to pay.

The claim that federal law trumps state law is likely to face constitutional challenges.