President Biden Signs Executive Order to Protect Abortion Access

President Biden Signs Executive Order to Protect Abortion Access
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On Friday, June 24, just after 10am EST, news broke that the Supreme Court of the United States overturned Roe v. Wade, the landmark 1973 decision that protects a person’s right to abortion access. After nearly half a century, abortion is no longer a constitutional right in our country.

Abortion rights activists have been bracing for this loss since May 2, when Politico published a leaked draft opinion from the Supreme Court, which revealed that a majority of Justices voted to strike down Roe. In the 98-page document, Justice Samuel Alito called to overturn Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania V. Casey, a 1992 case that revisited but ultimately reaffirmed Roe.

“We hold that Roe and Casey must be overruled,” he wrote. “The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision… Roe was egregiously wrong from the start.”

The June 24 ruling came as a result of the decision made in a Mississippi case known as Dobbs v. Jackson Women’s Health Organization. The case is related to the state’s 2018 “Gestational Age Act,” a law that bans abortions after 15 weeks of pregnancy.

According to CNBC, Justice Clarence Thomas, Justice Brett Kavanaugh, Justice Neil Gorsuch, and Justice Amy Coney Barrett joined Alito in ruling to overturn Roe. The three liberal Justices — Justice Stephen Breyer, Justice Sonia Sotomayor, and Justice Elena Kagan — dissented. In their joint dissenting opinion, Breyer, Sotomayor, and Kagan wrote, “With sorrow — for this Court, but more, for the many millions of American women who have today lost a fundamental constitutional protection—we dissent.”

Here, we break down further details about the Supreme Court’s ruling to overturn Roe v. Wade, provide several ways to protest safely, and share where to donate to local abortion clinics.

What does it mean to “overturn” abortion?

The 1973 Roe v. Wade Supreme Court decision ruled that the Constitution of the United States protects a person’s right to have an abortion. Now that Roe v. Wade is overturned, individual states will have the authority to ban or severely restrict abortion access.

According to the Guttmacher Institute, a sexual and reproductive rights advocacy organization, 58 percent of women of reproductive age — that’s about 40 million women — live in states that are “hostile” to abortion rights. Twenty-six states are likely to restrict abortions, while 13 states have bans and protections that immediately go into place now that Roe v. Wade is overturned. These are referred to as “trigger laws” or “trigger bans.” According to the Guttmacher Institute, these 13 states are Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Utah, and Wyoming. Concurrently, 16 states, plus the District of Columbia, have laws that protect abortion rights.

President Biden has signed an executive order

On Friday, July 8, President Biden signed an executive order to protect abortion and reproductive healthcare. In addition to abortion and contraception access, the order aims to strengthen the privacy, security, and safety of patients, providers, and clinics, according to CNN. Biden has directed the Department of Health and Human Services to take additional measures in ensuring that FDA-approved medication such as mifepristone remains attainable, and that all patients have access to emergency medical care and long-acting contraception, like IUDs, through the Affordable Care Act.

Additionally, the Biden administration will bolster outreach and education efforts about reproductive healthcare and abortion, and will work towards assembling a roster of pro-bono attorneys and legal representation for those seeking procedures and services.

“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 in a statement.

Although President Biden is unable to reinstate the Constitutional right to an abortion, he has emphasized the efforts he and his administration will make.

“This Court has made it clear it will not protect the rights of women,” he wrote on Twitter. “I will. That’s why today I'm signing an Executive Order to protect access to reproductive health care.”

He also urged Americans to turn up to the ballot box this November, and vote for senators and Congresspeople who will work to restore the nationwide right to safe, legal abortion, per Politico.

Upon the leak of the draft majority opinion, President Biden was concerned “a great deal.” He conveyed that if Roe v. Wade is struck down, other cases concerning the right to privacy are in jeopardy. These cases include Griswold v. Connecticut, a landmark 1965 decision that protects the right of married couples to buy and use contraceptives, and Obergefell v. Hodges, the 2015 case that protects the right of same-sex couples to marry.

“If the rationale of the decision as it was released were to be sustained, a whole range of rights are in question,” he told reporters outside Joint Base Andrews on Tuesday, May 3, per NBC News. “And the idea we’re letting the states make those decisions… would be a fundamental shift in what we’ve done.”

“If it becomes a law, and if what is written is what remains, it goes far beyond the concerns of whether or not there is the right to choose,” Biden continued. “It goes to other basic rights, the right to marriage, the right to determine a whole range of things… If this decision holds, it's really quite a radical decision.”

On June 24, the day the Supreme Court ruling came down, President Biden delivered remarks and pledged to do what he can to “protect a woman’s right in states where they will face the consequences” of SCOTUS’s decision.

“Make no mistake: This decision is the culmination of a deliberate effort over decades to upset the balance of our law. It’s a realization of an extreme ideology and a tragic error by the Supreme Court, in my view,” he said. “We need to restore the protections of Roe as law of the land. We need to elect officials who will do that. This fall, Roe is on the ballot. Personal freedoms are on the ballot. The right to privacy, liberty, equality, they’re all on the ballot.”

In his statement, Biden confirmed that his administration will continue to protect the right to essential, FDA-approved medication such as mifepristone, which can safely end early pregnancies. On June 24, Attorney General Merrick Garland assured that states may not ban mifepristone “based on disagreement with the FDA’s expert judgment about its safety and efficacy,” per NBC News.

Can I join a protest?

Protests have taken place nationwide in light of the Supreme Court ruling. Since Friday morning, when the news first broke that Roe v. Wade has been overturned, abortion rights supporters have been gathering in cities and towns across the country, from New York City to Washington, D.C to Boise, Idaho.

To find a protest near you, check social media. Many activists and organizers are taking to Twitter and Instagram to post about upcoming protests in the area, with all necessary details such as date and time. Bans Off Our Bodies, a movement organized under Planned Parenthood, has a map on their website where you can input your ZIP code, the date, the and type of event, and find a protest or rally near you.

Rise Up 4 Abortion Rights, a nationwide activist organization, similarly has a page on their website that allows you to enter your ZIP code and find a Rise Up 4 Abortion Rights protest near you. You can find that page here.

The Women’s March organization has scheduled a direct action in Washington, D.C. on July 9. You can sign their pledge to take action here. Be sure to check back on their website or social media pages to see any additional details as July 9 approaches.

How can I donate to an abortion clinic?

One of the immediate actions you can take is to donate to an abortion fund if you’re financially capable of doing so. Donations to these on-the-ground organizations provide funding for procedures, contraception access, resources, and transportation and lodging for individuals who might need to travel a long distance for their appointment. Find an organization near you via the National Network of Abortion Funds or donate to Planned Parenthood, the ACLU, or the National Abortion Freedom. All of these organizations, and many more, are fighting to protect the right to choose.

Remember, VOTE! VOTE! VOTE! Your voice matters. The midterm elections take place on Tuesday, November 8, and are absolutely crucial to take part in. Visit Vote.gov to register to vote in your state, check registration deadlines, and learn about voter ID requirements.

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