But the provision is vague about how the president hopes to achieve those goals, leaving the details largely to Xavier Becerra, his health and human services secretary, who said the administration has “no magic bullet” that can restore access to abortion. And Mr. Biden’s order stops short of the demands of abortion rights advocates, who criticized him for not moving quickly to take action after the court’s ruling two weeks ago. Speaking to reporters at the White House before signing the document, Mr Biden condemned the court’s decision as “terrible, extreme and, I think, so completely wrong”. The ordinance would help protect some access to reproductive services, he said, but the only real way to protect access was to elect more lawmakers who support it. “For God’s sake, there are elections in November. Vote. Vote. Vote. Vote,” the president said, noting that the justices in the majority are “practically daring” women to assert their political power to enact laws restoring abortion rights. “Consider the challenge accepted, court. But in the meantime, I’m signing this important executive order.” The order directs Mr. Becerra to develop a report “identifying possible actions” to protect abortion access, but does not say what those actions would be. Mr Becerra will identify “steps” to ensure pregnant women have access to emergency care, he says, “by looking at updates to current guidance on emergency-specific obligations and stabilization of care”. The order does not specify what those updates will be, but directs Mr. Becerra to report to Mr. Biden in 30 days. In an effort to prepare for legal challenges from abortion opponents, the order directs the attorney general and White House counsel to “convene a meeting of private pro bono attorneys, bar associations and public interest organizations” to encourage strong legal representation . In response to concerns that those seeking abortions could be prosecuted using personal information in emails, texts or Internet searches, the order seeks to preserve patient privacy regarding data related to women’s health services. It asks the chairman of the Federal Trade Commission to “consider actions” to protect consumer privacy when patients seek information about reproductive care. And it directs Mr. Becerra to “consider actions” to protect the information.
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The order pledges that the administration will “ensure the safety of patients, providers and third parties” who provide or receive abortion services. But it did not say how the agencies would ensure this amid heightened tensions following the Supreme Court ruling. Mr. Biden has repeatedly said he does not have the authority to restore the constitutional right to abortion that the court ended when it overturned Roe. In the hours after the decision, the president said he was powerless to restore the status quo. “The only way we can ensure a woman’s right to choose and the balance that existed is for Congress to restore the protections of Roe v. Wade as federal law,” Mr. Biden said. “No executive action by the president can do that.” Other administration officials also said the president’s hands are tied in part because of the Hyde Amendment, a provision of federal law that bars the government from paying for abortions except in cases of rape or incest or to save the life of the mother. Mr. Becerra said his agency will work with the Justice Department to ensure women have access to abortion pills — two drugs taken 24 to 28 hours apart and approved for use during the first weeks of pregnancy — in places where state law conflicts with the decision of the Food and Drug Administration, which has approved the drugs for use and found them to be safe and effective. Beyond that, Mr. Biden and Mr. Becerra have said Americans must vote for lawmakers who support abortion rights so Congress can take action to enact federal access protections. But the effort to shift blame has not gone down well with some of Mr. Biden’s key supporters, who have repeatedly called on the White House to push for new ways around the court’s ruling and subsequent abortion limits that the decision automatically imposed on more than a dozen states with Republican-led state legislatures and Republican governors. Some activists and lawmakers, for example, have urged the president to establish abortion services on federal or Native American lands, where state laws banning abortion services may not be enforceable. The White House has rejected these ideas as legally unworkable and potentially more dangerous for women seeking abortions. On Thursday, a reporter asked Karine Jean-Pierre, the White House press secretary, if the president was considering the possibility of the Department of Veterans Affairs offering abortion services at VA hospitals. “As you know, the current regulation does not allow the VA to provide abortions,” Ms. Jean-Pierre said. “We will continue to review. We will continue to explore every possible option to protect women’s rights and access to reproductive health.” Opponents of abortion rights criticized the president’s order on Friday. Jeanne F. Mancini, president of March for Life, called it “tragic that this administration is using its power to push for more and more painful abortions that harm women and take innocent lives.” He added: “Our nation today faces significant challenges. it is not enough abortion is not one of them.’ Some abortion rights advocates praised the president for signing the order. Mini Timmaraju, president of NARAL Pro-Choice America, said in a statement that “President Biden’s executive order to ensure access to reproductive health care, including abortion care, is an important first step in restoring rights received by millions of Americans. Supreme Court.” But other advocates urged Mr. Biden to step in and take bolder action, even if he risks being overturned in court. They want him to declare a public health emergency, a move they say would allow the administration to move quickly to expand access to abortion, including ensuring that abortion pills can be prescribed in states where abortion is illegal. “You have to be willing to take some risks — even if the expectation is that it might not work,” said Andrea Miller, president of the National Institute for Reproductive Health, an advocacy group. “Because we are facing an immediate crisis.” Until Friday, officials were tight-lipped about how far Mr. Biden was willing to go. Asked Thursday about a possible executive order related to abortion, Ms. Jean-Pierre declined to answer the question, saying it would not “preempt the president.” Mr Biden signed the executive order on Friday before leaving for a weekend at his seaside home in Delaware. The fact sheet did not include any of the more far-reaching proposals regarding the use of federal funds to provide abortion services.
