Biden supports abortion via executive orders, but hasn’t made Roe v. Wade a law
President Joe Biden’s Pledge to Protect Abortion Access
President Joe Biden ran for office with a mission to restore the soul of the nation, rebuild the middle class, and unite the country. As we approach 2024, it’s crucial to assess whether he has fulfilled his other campaign promises. In this captivating Washington Examiner series, titled “Oath of Office,” we will delve into whether Biden has upheld his end of the bargain. Part Five of this series will scrutinize his commitment to protect abortion access.
Falling Short of the Promise
President Joe Biden has not fully delivered on his campaign vow to codify Roe v. Wade. However, he has taken decisive action through executive authority to promote access to abortion and contraception.
In October 2020, following the passing of Supreme Court Justice Ruth Bader Ginsburg, Biden made a pledge to enshrine the right to abortion in legislation. He recognized the potential threat to constitutional protections for abortion if then-President Donald Trump appointed Amy Coney Barrett to the bench.
Efforts Hindered by Congress
Despite Biden’s efforts to urge the Senate to bypass the filibuster and pass abortion-related legislation, Congress did not enact national abortion protections before the 2022 midterm elections, which resulted in Republicans gaining control of the House of Representatives.
Biden utilized the Dobbs v. Jackson Women’s Health Organization decision to rally voters during the 2022 midterm elections, once again promising to codify Roe. However, the slim Democratic majority in the Senate has not been sufficient to overcome the filibuster.
Executive Authority in Action
While Biden has been unable to fulfill his legislative agenda for abortion rights, he has made efforts to utilize broad executive authority to support abortion rights and ensure access to contraception in the aftermath of the Dobbs decision.
As the head of the Task Force on Reproductive Healthcare Access, Vice President Kamala Harris recently announced plans for a national tour in January to shed light on the detrimental impact of abortion bans following the Dobbs decision.
Supporting Access to Mifepristone
The Biden administration has intensified its efforts to safeguard access to the chemical abortion medication, mifepristone. It is also preparing to present arguments against anti-abortion challengers before the Supreme Court next year.
The legal battle surrounding mifepristone began in November 2022 when the Alliance for Hippocratic Medicine filed a lawsuit seeking to reverse the Food and Drug Administration’s original approval of the medication in 2000.
Widening Access to Contraception
In June, President Biden issued a third executive order on reproductive health, directing agencies to enhance access and affordability of prescribed and over-the-counter contraception.
The departments of Treasury, Labor, and Health and Human Services have collaborated this year to strengthen requirements for private insurance companies to cover contraception under Obamacare rules. The administration has also taken steps to expand access to contraception through Medicare, Medicaid, and military service member health plans.
Shortly after Biden’s executive order, the FDA approved the first over-the-counter hormonal birth control pill, which is expected to be available in supermarkets, pharmacies, and online by 2024.
How has President Biden responded to the proliferation of state-level abortion restrictions and what measures has he taken to protect access to abortion?
Ent to overcome the filibuster and pass abortion-related legislation.
Executive Action on Access
Although Biden’s efforts in Congress have faced obstacles, he has not been idle in his commitment to protect abortion access. Through executive action, he has taken significant steps to promote reproductive rights and ensure access to safe and legal abortion.
One of Biden’s first acts as president was to revoke the Mexico City Policy, also known as the global gag rule, which prohibited U.S. funding to foreign non-governmental organizations that provide abortion services or information. This reversal restored critical funding to international organizations and allowed them to continue their work in providing comprehensive reproductive healthcare services.
Furthermore, President Biden has reinstated funding for Title X, the federal grant program that provides family planning services, including access to contraception and reproductive healthcare. This action has expanded access to affordable birth control and other essential reproductive services for millions of people across the United States.
Protecting Access amidst State Restriction
One of the greatest challenges to abortion access in recent years has been the proliferation of state-level restrictions. President Biden has been firm in his opposition to these restrictive measures and has promised to use every tool at his disposal to defend and protect reproductive rights.
When the Supreme Court agreed to hear the case of Dobbs v. Jackson Women’s Health Organization, which could potentially undermine or even overturn Roe v. Wade, President Biden expressed his strong support for upholding the constitutional right to abortion. He called on Congress to act and protect access to abortion by passing legislation that would codify Roe v. Wade into law.
Additionally, the Biden administration has indicated its willingness to use federal agencies, such as the Department of Justice, to challenge and block state-level abortion restrictions that are unconstitutional or impose an undue burden on individuals seeking reproductive healthcare services.
A Promise Still in Progress
While President Biden has faced obstacles in fully delivering on his pledge to protect abortion access, it is evident that he remains committed to the cause. Through executive action and vocal support for legislation, he has made it clear that safeguarding reproductive rights is a priority for his administration.
However, the ultimate goal of codifying Roe v. Wade into law still remains unfulfilled. The path to achieving comprehensive nationwide protection for abortion access requires broader support and cooperation. It will require collaboration with Congress, advocacy groups, and the American people to ensure that the right to safe and legal abortion remains protected and accessible for all.
President Biden’s efforts to protect abortion access must be analyzed within the broader context of an ongoing battle over reproductive rights in the United States. While progress has been made, there is still a long way to go in securing lasting protections for women’s reproductive freedom.
Conclusion
President Biden’s commitment to protecting abortion access is evident through his executive actions and vocal support for reproductive rights. Despite facing hurdles in Congress and an increasingly hostile landscape at the state level, his administration remains steadfast in its determination to defend and expand access to safe and legal abortion.
As the nation moves forward, it is essential for advocates, lawmakers, and citizens to continue working together to ensure that reproductive rights are upheld and that every person has the freedom to make their own decisions about their reproductive healthcare. President Biden’s pledge to protect abortion access is an ongoing challenge, but it is one that remains crucial for the health, autonomy, and dignity of individuals across the country.
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