Friday, June 10, 2022

The Possibility of Executive Orders on Abortion Rights if Supreme Court Strikes Down Roe

Biden Says He's Looking at Executive Orders on Abortion Rights if Supreme Court Strikes Down Roe 

President Joe Biden on Wednesday said he was weighing executive actions he could take if the Supreme Court overturns Roe v. Wade's holding of a federal constitutional right to an abortion.

The President, during an appearance on "Jimmy Kimmel Live!" in Los Angeles, again pressed Congress to codify into law the right to abortion established by the landmark ruling in the wake of the publication of the leaked draft of the Supreme Court's ruling on the issue.
 
"I think if the court overrules Roe v. Wade and does what is drafted ... if that occurs, I think we have to, we have to legislate it. We have to make sure we pass legislation making it a law that is the federal government says this is how it works," Biden told Kimmel.
 
He said, "I think what we're going to have to do. There's some executive orders I could employ, we believe -- we're looking at that right now."
 
CNN has previously reported that Biden's administration has been working for months in preparation for the expected decision by the Supreme Court overturning Roe v. Wade. The White House has so far not detailed exactly what options could be taken to mitigate the effects of the ruling.
 
Among that preparation has been convening roundtables with state lawmakers to discuss the issue and solicit ideas. Options for moves Biden could take include executive action that could make it easier for women to travel to receive abortions in states where the procedure is still legal or expanding access to medication abortion through the mail. Some advocates have also suggested leasing federal land for abortion clinics, bypassing state laws that restrict them.

Bracing for the End of Roe v. Wade, the White House Weighs Executive Action, NYT

No executive order can re-establish a constitutional right. It would take an act of Congress to restore a national legal standard barring states from outlawing abortion, and proponents currently lack sufficient votes in the Senate, where Republicans can filibuster such a bill. But Mr. Biden has signaled that he wants to move on his own.***

The White House counsel, Dana Remus, the director of its gender policy council, Jennifer Klein, and the director of its domestic policy council, Susan Rice, are overseeing the legal and policy vetting of potential executive actions. Anita Dunn, a senior policy adviser to Mr. Biden, is in charge of broader planning, including communications strategy, officials said.

https://lawprofessors.typepad.com/gender_law/2022/06/the-possibility-of-executive-orders-on-abortion-rights-if-supreme-court-strikes-down-roe.html

Abortion, Constitutional, Pregnancy, Reproductive Rights, SCOTUS | Permalink

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