The president has committed to preserve abortion rights, but the White House has been evasive about what he can and will do.
After the Supreme Court upheld a Texas abortion rule that prohibits the procedure after six weeks of pregnancy, President Joe Biden pledged Wednesday to safeguard abortion rights.
However, the White House has been tight-lipped about what the president will or can do in the near future. In the aftermath of the court's latest decision, some abortion rights advocates are advocating for a more defined strategy.
In a statement, Biden said, "This harsh Texas law brazenly breaches the constitutional right established under Roe v. Wade and affirmed as precedent for over half a century."
Biden went on to say that his government "would maintain and defend" the Roe v Wade right, but he didn't say what steps, if any, the White House will take. Abortion rights advocates have been in contact with the White House and Congress, urging the two branches to devise a response strategy, especially as the Supreme Court prepares to formally revisit and potentially overturn Roe v. Wade later this year when it hears arguments on Mississippi's 15-week abortion ban.
The Texas state legislation went into effect early Wednesday morning after the Supreme Court declined to act on an emergency petition from abortion facilities in Texas seeking to halt the new rule. The new law not only prohibits abortion beyond six weeks of pregnancy, but also permits citizens of Texas to sue abortion doctors or anybody who assists in the process after that time.
Though the state's legislation may still be blocked by the Supreme Court in the coming days, the Wednesday decision reignited demands for changes to the court's makeup, as well as concerns about what, if any, measures the White House and Democrats could take.
When asked what the administration intends to do, White House press secretary Jen Psaki stated that any action taken by the Justice Department in response to abortion regulations will be done independently. Psaki also stated that the president will continue to lobby Congress for the "codification of Roe."
However, several Democratic legislators concede that enshrining abortion access in law is unlikely to gain enough support in the Senate's equally divided chamber.
Rep. Judy Chu (D-Calif.), who proposed the House measure safeguarding abortion access under Roe v. Wade, requested the White House to assist in securing enough senators' support for the bill.
“It's critical that the White House weigh in...we're going to need their support to obtain the votes in the Senate,” Chu added. “All resources will be needed, but notably the most powerful voice in the nation, which is our President Biden, to weigh in on this.”
The new rule, according to Biden's statement, will "seriously impede women's access to the health care they need, particularly for communities of colour and low-income persons." Many progressive legislators and supporters, who had been unhappy with the administration for not being more loud on the subject until now, applauded what they saw as a shift in tone.
“This is the first time the president's office has used the word ‘abortion,'” said Rep. Carolyn Maloney (D-N.Y.). “And the White House must continue to play a proactive role in maintaining abortion rights in the United States, using all available resources to urge passage of the Women's Health Protection Act and repeal of the Hyde Amendment.”
Psaki stated that the president will continue to "urge" Congress to act, and that there is "no doubt" that White House officials will address reactions to the decision in "conversations with members" and congressional staffers.
Even if the Democratic majority in the House were to enact abortion-access legislation, the Senate would be a huge impediment.
“Will we be able to get to 60 senators in the Senate? “I don't know,” Rep. Jackie Speier (D-Calif.) remarked, adding that the Texas ruling basically “tells a woman she has no control over her body.”
Speier said, "Every male who impregnates one of these ladies should have his you-know-what removed." According to Speier, the best prospect of redress is a future Supreme Court judgement.
“And the extent to which the courts fail to stand up to this certainly implies the Supreme Court as we know it today will have to be rethought,” she said.
A rising number of Democrats have advocated for the Supreme Court's number of justices to be increased to counteract the court's conservative tilt, but Biden was a vocal opponent of the notion during his presidential campaign.
Before making any modifications to his stance, the president "will wait" to hear from a Supreme Court reform panel formed by the White House earlier this year.
It's also uncertain if the Justice Department will act in response to state limits on abortion access or the Supreme Court's plans to revisit Roe v. Wade. Attorney General Merrick Garland was urged by the Congressional Progressive Caucus to "consider any actions" the agency "can take."
While the Biden administration has kept its efforts on abortion under the radar, it has taken numerous significant steps to reverse Trump administration restrictions on the practise. Biden eased limits on abortion pills in his first few months in office, reversed funding bans on Planned Parenthood and international groups that offer abortion referrals, and eliminated roadblocks to medical research using foetal tissue acquired from abortions.
In light of the Supreme Court's actions, abortion rights supporters who have worked closely with the administration are urging the White House to utilise its bully pulpit and regulatory power more aggressively. Two concrete demands, according to Destiny Lopez, co-president of the group All* Above All, are for the FDA to lift restrictions on telemedicine and mail-order abortion pills, and for Biden to lean more heavily on Congress to pass the Women's Health Protection Act and the EACH Woman Act, which would prevent states from passing laws like Texas' and provide federal funding to low-income people.
She said, "What I take from [Biden's remark] is that they're truly dedicated to this problem and that they're now understanding that Roe isn't enough." “Ensuring that individuals can obtain abortion care where and when they need it has never been adequate. As a result, we must now collaborate with the administration on a comprehensive strategy.”
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