The Biden administration considered declaring a public health emergency to preserve broad access to abortion services following the US Supreme Courts decision last month to overturn Roe v. Wade, but officials ultimately decided against the move, according to people familiar with the matter.
The possible declaration was discussed between top officials at the Health and Human Services Department and the White House ahead of a June 28 news conference by Health and Human Services Secretary Xavier Becerra, the people said. But officials set aside the idea due to concerns the impact wouldnt justify an inevitable legal battle.
At the news conference, Becerra publicly acknowledged the administration had little recourse for people in need of abortions in states that enacted bans.
There is no magic bullet -- but if theres something we can do, we will find it and we will do it, Becerra said.
The people familiar with the matter asked not to be identified because the administrations discussions have been private.
President Joe Biden and his administration have suffered intense criticism from liberal Democrats for their response to the Supreme Courts Roe decision, which eliminated the nationwide right to access abortion. While Biden has said he sympathizes with people denied access to the procedure in states where its outlawed, he has also said theres little he can do unless voters elect more members of Congress who support abortion rights.
Biden on Friday will announce an executive order requiring the health department to compile a report on its actions so far to ensure abortion access.
But progressives have demanded a far more forceful response from the White House. They want aggressive administrative action that would be all but certain to draw court challenges, like providing abortions on federal property, and a stronger push from Biden on Senate Democrats to pass a law legalizing abortion nationwide and even add justices to the Supreme Court.
The president is actively choosing inaction, said Renee Bracey Sherman, founder and executive director of We Testify, an advocacy organization representing people that have had abortions.
Biden has said he would support passage of a law codifying the protections of Roe but that he does not want to expand the court. One administration official said Bidens team is still considering a wide range of options on abortion access, including an emergency declaration.
Becerra said in an interview last week that the administration must move cautiously in the wake of the Supreme Court decision ending Roe.
Anything we do, we know were going to be in court the next day, he said. And so we have to make it stick. Were not going to over-promise because the worst thing you can do is over-promise early.
Had the federal government declared a public health emergency, Becerras department would have gained new powers for an indefinite period. For example, abortion rights advocates say Becerra could have ordered that medication abortion can be prescribed across state lines, or even moved to shield doctors from legal liability for performing abortions in states that outlaw the procedure.
But White House aides and some HHS officials were concerned the declaration wouldnt make a substantial impact, that it might be seen merely as a public relations maneuver and that it would draw lawsuits, according to the people familiar with the matter. Some officials were also concerned that a public health emergency declaration over abortion would take money from Covid-19 programs, which are funded in part under an emergency declaration for the pandemic. ... But abortion rights advocates say the Biden administration should take its chances, given the grave stakes.
There might be risk with some of these ideas, said Morgan Hopkins, interm executive director of campaign and strategies for the advocacy group All Above All. But she added: The urgency of their action needs to meet the urgency of the moment.