President Biden will take executive action Friday to protect access to abortion, according to three people familiar with the matter, as he faces mounting pressure from Democrats to be more forceful on the subject after the Supreme Court ended a constitutional right to the procedure two weeks ago.
The White House said Biden will speak Friday morning “on protecting access to reproductive health care services,” but the actions Biden was to outline were expected to be limited in scope. He is expected to formalize instructions to the Departments of Justice and Health and Human Services to push back on efforts to limit the ability of women to access federally approved abortion medication or to travel across state lines to access clinical abortion services. The people spoke on the condition of anonymity to discuss Biden‘s actions before they were officially announced.
Biden‘s executive order will also direct agencies to work to educate medical providers and insurers about how and when they are required to share privileged patient information with authorities – an effort to protect women who seek or utilize abortion services.
The order, coming two weeks after the high court’s June 24 ruling that ended the nationwide right to abortion and left it to states to determine whether or how to allow the procedure, comes as Biden has faced criticism from some in his own party for not acting with more urgency to protect women’s access to abortion. The decision in the case known as Dobbs v. Jackson Women’s Health Organization overturned the court’s landmark 1973 Roe v. Wade ruling.
Since the ruling, Biden has stressed that his ability to protect abortion rights by executive action is limited without congressional action.
“Ultimately, Congress is going to have to act to codify Roe into federal law,” Biden said last week during a virtual meeting with Democratic governors.
The tasking to the Justice Department and HHS is expected to push the agencies to fight in court to protect women, but it conveys no guarantees that the judicial system will take their side against potential prosecution by states that have moved to outlaw abortion.
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