For starters, if or when deer falls, as a a draft opinion of the Supreme Court expired from Judge Samuel Alito points out that 23 US states have laws that can be used to restrict or ban abortions The Guttmacher Institute reports. Using Biden’s enforcement actions may be one of the only ways to maintain some resemblance to people’s ability to terminate pregnancies safely, but no enforcement order will restore people’s constitutional right to abortion and whatever Biden has tried. can be challenged in court.
Khiara Bridges, Professor of Law at the University of California, Berkeley and Director of the Center for Reproductive Rights and Justice, told Vox“Whatever comes next is a novel of legal tactics,” she said, adding that while she was “pessimistic” that the courts would comply, she added, “that doesn’t mean we shouldn’t try.”
David Cohen, Professor of Law at Drexel Klein School of Law, told ABC News that while it is impossible for Biden to overturn a Supreme Court ruling, “there are things he can do and ways he can harness the federal government to increase access, even if some states try to limit it.”
One possibility is for Biden to challenge the scope of Hyde’s amendment, which bans federal funding for abortion services for people enrolled in Medicaid, Medicare and the Children’s Health Insurance Program (CHIP) because The Guttmacher Institute website explains. The Biden Administration withas reportedly asked on whether the law will also prohibit people from using funding to travel outside the state to have an abortion.
Alison Coffman, director of Amplify Georgia Collaborative, a team of non-profit organizations for reproductive health, rights and justice told the Daily Kos that the legislature is great, but we should not leave Congress out of the hook.
“The main assumption is that Congress will not act, so it’s all up to Biden. But we still need to talk about the power they have to make abortion available in the United States, which includes repealing Hyde’s amendment, “Coffman said.
According to timesThe Department of Justice has asked federal officials to be granted leave to travel outside the state for abortion if necessary.
The administration is further looking for ways to help pregnant women get abortion pills outside the state, times reports. In December 2021, the FDA finally removed its personal requirements for mifepristone (the “abortion pill”) and began allowing the drug to be prescribed through telemedicine visits and by mail.
However, telemedicine is complex because doctors are licensed by the state, not the federal government. Coffman added, “Many conservative states, including Georgia, are trying to criminalize this. [telemedicine doctors’ ability to prescribe abortion medication] despite its proven safety and the fact that it can make care accessible to some of the most marginalized. ”
It is also mentioned that Biden could declare a state of emergency for public health through the Ministry of Health and Human Services, which could protect doctors from legal liability if they treat a patient outside the country where they are licensed.
Coffman advises people to join reproductive health, rights and justice organizations working at the federal, state and local levels to accelerate policy change that will protect and expand access. She added that people can support local abortion clinics and abortion funds.
“Although it is not a substitute for government action, abortion funds will help ensure that people can continue to have access to care, even if it means traveling to countries where care is legal,” she said.