President Biden Signs Executive Order to Protect Abortion Access

Editor's Note: HHS Secretary Xavier Becerra clarified on Monday, July 11 that under the federal Emergency Medical Treatment and Labor Act (EMTALA), abortion can be considered a stabilizing treatment in a medical emergency. This mandate overrides any state abortion restrictions.

President Joe Biden signed an executive order Friday, July 8, 2022, aimed at protecting abortion access. The order was in response to the Supreme Court's overturning of Roe v. Wade in June.

Since the ruling, at least nine states have banned abortion, and more states are expected to either restrict or ban the procedure in the coming weeks.

"Fundamental rights—to privacy, autonomy, freedom and equality—have been denied to millions of women across the country, with grave implications for their health, lives and well-being. This ruling will disproportionately affect women of color, low-income women and rural women," the White House said in a statement.

The president does not have the ability to restore federal protections on abortion in the wake of the Supreme Court's ruling. The order focuses instead on safeguarding access to emergency contraception and abortion medication, as well as increasing the legal options and security of people seeking an abortion.

"President Biden has made clear that the only way to secure a woman's right to choose is for Congress to restore the protections of Roe as federal law. Until then, he has committed to doing everything in his power to defend reproductive rights and protect access to safe and legal abortion," the White House said.

The executive order includes the following:

• The president is directing Health and Human Services Secretary Xavier Becerra to submit a report on what the department is doing in response to abortion restrictions and expand access to emergency contraception and long-acting reproductive contraceptives.
• The establishment of an interdepartmental task force on reproductive care access.
• A commitment to ramp up education and outreach on abortion.
• The attorney general and the White House counsel are calling together legal representation and organizations to provide legal options for people lawfully seeking abortions and abortion providers.
• The president is asking the chair of the Federal Trade Commission to take steps to protect people's privacy when seeking information about abortion services.
• Ensuring the protection of mobile clinics that provide care for people seeking out-of-state services.

Some Democrats have asked Biden to consider further action. President Biden, in response, has encouraged Congress to codify abortion, but the Senate lacks the votes to do so.

You can read about the executive order in more detail here.