News lead: Biden told reporters over the weekend that he is considering declaring a public health emergency on abortion. But the White House has said it’s not “a great option” because doing so “doesn’t free up a lot of resources.” Details: “The Supreme Court’s radical and dangerous decision in Dobbs v. Jackson Women’s Health Organization has precipitated a full-scale reproductive health crisis across our nation,” the lawmakers said in the letter, led by Rep. Lizzie Fletcher (D- Texas) and Lloyd Doggett (D-Texas), also addressing Health and Human Services Secretary Xavier Becerra.
“Banning abortion may unnecessarily block life-saving medical procedures in the event of pregnancy complications or loss. Health experts warn that following this devastating decision, the US maternal mortality rate is certain to rise, with disproportionate impact on communities of color.” “In your decision to declare a Public Health Emergency, we urge you to also consider the spillover effects of state abortion laws on the health systems of neighboring states that protect the legal right to abortion.” “Abortion providers have reported that patients in need of abortion are seeking care in other states, putting unprecedented strain on limited resources and delaying care for residents.” The White House and HHS did not immediately respond to Axios’ requests for comment.
State of play: Lawmakers are also asking the Biden administration to “use your authority under the PREP Act” to ensure access to abortion pills across the country.
The Public Preparedness and Emergency Preparedness Act allows HHS to issue a PREP Act statement, which provides immunity from liability for certain claims, including if the Secretary of HHS considers the claim to be a public health emergency.
Between the lines: If an emergency declaration is issued, it remains unclear how federal funds will be used.
Republican states could potentially sue the Biden administration to “limit the use of emergency powers,” legal experts told the Washington Post. In general, while the Biden administration can take steps to inform the public about their reproductive rights, it cannot prevent states from banning or restricting abortion, as this is now a state issue.
What they’re saying: Abortion rights advocates praised House lawmakers’ letter.
“Nearly half of the states in our country are at risk of banning abortion, and extremist lawmakers are already imposing bans in a growing number of states. We are grateful to Congressional Democrats” for calling on the Biden administration to take emergency action, said Mini Timmaraju. president of NARAL Pro-Choice America, an abortion rights organization. “This public health crisis is becoming more dire by the day,” said Nancy Northup, president and CEO of the Center for Reproductive Rights, adding that she is “heartened” by the steps the Biden administration has taken to protection of access to abortion.
Go deeper: Health experts see rise in maternal mortality after Roe
