Summary
The Biden Administration has taken steps to expand abortion access after the U.S. Supreme Court overturned Roe v. Wade in June, eliminating the constitutional right to an abortion in its Dobbs v. Jackson Women’s Health Organization decision. Following the decision, abortion bans designed to be “triggered” upon the overturning of Roe v. Wade went into effect in 13 states and some state legislatures are now considering passing new bans or implementing additional restrictions. In response, President Biden signed two Executive Orders (EOs). The first EO, Protecting Access to Reproductive Health Care Services, outlined specific actions to improve access to reproductive health care services (WHG Summary). The second EO, Securing Access to Reproductive and Other Health Care Services, expanded on the first EO and, most notably, included actions to support patients seeking abortions out of state (WHG Summary).
One of the directives to HHS in the first EO was to create a Task Force on Reproductive Healthcare Access. At the second meeting of the Task Force, the President emphasized that abortion access is dependent on Congress and called on the American people to get out and vote. With the approaching midterm elections, abortion access and reproductive rights have been identified as key motivating issues for voters. This has been reflected on the campaign trail as Democratic lawmakers have made abortion rights their central message. The Administration has also embraced this messaging as President Biden recently vowed to codify abortion rights if Democrats are able to hold both the Senate and the House. With the Senate filibuster rule, Democrats would need a 60-vote threshold to pass the law with a simple majority. Currently, Democrats are slightly favored to win the Senate while Republicans are favored to take the House.
The attached reproductive health roundup provides an update on initiatives required by the two EOs, details recent agency actions, and describes relevant congressional activity.