Biden Will Issue Second Executive Order To Protect Abortion Rights

Topline

President Joe Biden on Wednesday outlined an executive order to protect access to abortions—his second such order since the Supreme Court overturned Roe v. Wade—in a move that primarily seeks to protect and assist women seeking abortions across state borders.

Key Facts

According to the White House, a key provision of the order will direct the Secretary of Health and Human Services (HHS) to ensure that Medicaid can be tapped to fund abortions for women who are forced to travel out of state to access them.

States where abortions remain legal will be able to request Medicaid waivers from the HHS to cover the costs of providing services to out-of-state women, ABC News reported, citing an unnamed Biden administration official.

The HHS will also be ordered to engage with health care providers to help clarify their obligations in light of the Supreme Court ruling on abortions and ensure that they provide emergency medical care to women in need without any delays.

The order also seeks to improve data collection and research on the impact of abortion restrictions on women’s health across the country.

The executive order will be signed by Biden on Wednesday at the first meeting of the White House’s new Task Force on Reproductive Healthcare Access, which was formed following the previous executive order in July.

Tangent

Wednesday’s executive order comes after abortion rights activists pulled off a stunning victory at the ballot in the deep red state of Kansas. Nearly 60% of voters in the state rejected a measure that would have allowed the state’s legislature to expand abortion restrictions. Election analysts have labeled the result as seismic, noting that the anger against the Supreme Court’s decision could help Democrats who face a difficult mid-term election in November.

Crucial Quote

Biden hailed the Kansas vote to protect abortion rights in a statement: “Voters in Kansas turned out in record numbers to reject extreme efforts…to take away a woman’s right to choose and open the door for a state-wide ban. This vote makes clear what we know: the majority of Americans agree that women should have access to abortion.”

Key Background

Last month, the president signed an executive order to help protect access to abortions. While signing the order, Biden criticized the Supreme Court’s decision to overturn Roe v. Wade as “extreme” and “totally wrong-headed.” The first executive order directed the HHS to protect access to medication abortion through federally approved pills, ensure access to emergency medical care for pregnant individuals and protect access to contraception. The Attorney General and the White House were tasked with convening legal groups and volunteer lawyers to ensure legal representation for patients and providers of reproductive health services. Biden also ordered the Federal Trade Commission to ensure privacy protection for patients seeking information about abortion and reproductive care providers online. Neither of the two orders, however, include the more ambitious moves sought by progressives in the Democratic party, including the use of federal land to provide abortions in states where it is banned.

Further Reading

Biden Issues Abortion Executive Order—But Doubles Down On Get-Out-The-Vote Message (Forbes)