Cameron Miranda
Former US President Barack Obama has been criticised for not doing enough to protect abortion rights during his presidency. While Obama had promised to make the codification of Roe v. Wade a priority, he later backtracked, stating that it was not the highest legislative priority. This decision has been scrutinised following the US Supreme Court's decision to overturn Roe v. Wade, a landmark ruling that protected a woman's right to abortion. Obama's critics argue that he had the opportunity to enshrine abortion rights into federal law during his presidency but failed to do so, despite having a Democratic majority in Congress. However, Obama's supporters argue that there were not enough pro-choice votes in Congress to pass such legislation.
| Characteristics | Values |
|---|---|
| Did Barack Obama co-sign the no-abortion law? | No |
| Did Barack Obama support the Freedom of Choice Act? | Yes, but he later said it was not his "highest legislative priority" |
| Did Barack Obama support reproductive justice? | Yes |
| Did Barack Obama support abortion rights? | Yes |
| Did Barack Obama sign an executive order on abortion health? | Yes |
| Did Barack Obama support the Hyde Amendment? | Yes |
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What You'll Learn
Obama's failure to codify Roe v. Wade into federal law
In the wake of the U.S. Supreme Court's decision to overturn Roe v. Wade, former U.S. President Barack Obama has faced criticism for his failure to codify Roe v. Wade into federal law during his presidency. Obama, a Democrat who served as president from 2009 to 2017, expressed his disappointment with the Court's decision, which reversed nearly 50 years of precedent and left abortion rights up to politicians and ideologues.
However, critics argue that Obama had the opportunity to codify Roe v. Wade into federal law during his time in office but failed to do so, despite having Democratic control of the White House, the Senate, and the House of Representatives from 2009 to 2011. This period included a brief time during the 111th Congress when Democrats had a filibuster-proof 60-seat majority in the Senate.
In 2007, then-Senator Obama had promised Planned Parenthood that signing the Freedom of Choice Act, which would have effectively enshrined Roe v. Wade into law, would be "the first thing I'd do as president." However, in April 2009, shortly after his inauguration, Obama stated that the legislation was "not [his] highest legislative priority."
Obama's failure to prioritize codifying Roe v. Wade has been met with backlash, with critics arguing that Democrats' inaction contributed to the eventual overturning of Roe v. Wade. Some have pointed out that Obama broke his promise to make abortion rights a priority, while others have noted that his administration had a supermajority in Congress and could have taken more decisive action.
In his defence, Obama and his supporters have argued that there were not enough pro-choice votes in Congress to pass the Freedom of Choice Act. They have also highlighted other efforts made by the Obama administration to advance reproductive rights, such as rescinding the global gag rule and signing legislation to fix the price of birth control at safety net health centres.
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Obama's Freedom of Choice Act stance
During his time as president, Barack Obama received criticism for his stance on abortion rights and his failure to codify Roe v. Wade into federal law. Obama had initially promised to make the Freedom of Choice Act, which affirms abortion rights, a priority during his presidency. However, in March 2009, he backtracked on this promise, stating that the bill was not his "highest legislative priority".
The Freedom of Choice Act was first introduced in Congress in 2007, and Obama was one of its 19 co-sponsors as a senator. During his presidential campaign, he vowed that signing the bill would be "the first thing I'd do as president." However, once in office, Obama rarely mentioned the bill and it never became law during his presidency.
In response to a question about the Freedom of Choice Act during a news conference in April 2009, Obama reiterated his support for abortion rights, but also expressed sympathy for those who oppose it. He stated that he believed the most important thing was to focus on areas of agreement to reduce anger surrounding the issue. Obama also acknowledged that he could not move the bill on his own and that there were not enough pro-choice votes in Congress to pass the legislation at that time.
Despite his failure to prioritise the Freedom of Choice Act, Obama did take some actions to support reproductive rights during his presidency. For example, he rescinded the global gag rule and signed legislation fixing the price of birth control at safety net health centres. Additionally, in March 2010, he signed an executive order reaffirming that no federal money would be used to pay for abortions under the new healthcare reform law.
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Obama's executive order on abortion health
On March 24, 2010, President Barack Obama signed Executive Order 13535, which restricted the use of federal funds for abortion services. The order was signed to address concerns from anti-abortion Democrats, who had threatened to withhold support for the Patient Protection and Affordable Care Act unless the bill's language prohibiting federal funding of abortions was strengthened.
The executive order reaffirmed the principles of the Hyde Amendment, which prohibits federal funding of abortions. It established an enforcement mechanism to ensure that federal funds are not used for abortion services, except in cases of rape or incest, or when the woman's life is endangered. The order also directed the Office of Management and Budget (OMB) and the Department of Health and Human Services (HHS) to develop guidelines for state health insurance commissioners to ensure compliance with the Act's segregation requirements.
While the executive order was intended to address concerns from anti-abortion advocates, it was criticised by both anti-abortion and abortion rights groups. Anti-abortion organisations, such as the Susan B. Anthony List and the National Right to Life Committee, condemned the order as ineffective, arguing that it could be easily rescinded and that it did not address all objectionable provisions in the law. On the other hand, abortion rights supporters, including the National Organization for Women and Planned Parenthood, questioned Obama's commitment to abortion rights, arguing that the order placed unnecessary restrictions on abortion access.
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Obama's opposition to Illinois' 'born alive' bills
Barack Obama, who served as president from 2009 to 2017, has been criticised for his opposition to Illinois' "born-alive" bills. The Illinois legislation, first introduced in 2001, would have required doctors to provide immediate life-saving care to any infant that survived an abortion. It specified that an infant surviving a planned abortion is "born alive" and "shall be fully recognised as a human person and accorded immediate protection under the law".
Obama opposed the 2001 and 2002 "born-alive" bills, stating that they were backdoor attacks on a woman's legal right to abortion. He also argued that the bills would be struck down by the courts because they gave legal status to fetuses. However, in 2002, Obama said he would have supported the federal version of the bill, which included a neutrality clause stating that the law would not change the legal status or rights of anyone prior to being "born alive". This clause was added to ensure that the bill would not affect current abortion laws.
In 2003, Obama, as chairman of the Illinois state Senate Health and Human Services Committee, voted down an amended version of the bill that included the "neutrality clause". The National Right to Life Committee (NRLC) accused Obama of misrepresenting his opposition to the bill, claiming that he voted against it despite the inclusion of the "neutrality clause". Obama denied these claims, stating that the state bill still differed from the federal version and could be used to challenge Roe v. Wade.
The controversy surrounding Obama's opposition to the Illinois "born-alive" bills resurfaced during his 2004 U.S. Senate campaign, with his Republican opponent, Alan Keyes, accusing him of supporting "infanticide". Obama maintained that his primary concern was preserving abortion rights, a position he has consistently supported.
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Obama's support for abortion rights
Barack Obama, a Democrat who served as president from 2009 to 2017, has been a vocal supporter of abortion rights. In 2007, then-Senator Obama told Planned Parenthood that signing the Freedom of Choice Act, which would effectively enshrine Roe v. Wade into law, would be "the first thing I'd do as president."
However, in 2009, Obama stated that the legislation was "not the highest legislative priority." This decision has drawn criticism from those who argue that he had the ability to codify Roe v. Wade into federal law during his presidency, especially given that Democrats controlled the White House, the Senate, and the House of Representatives from 2009 to 2011.
Despite not passing the Freedom of Choice Act, Obama took other actions to support abortion rights. In March 2010, he signed an executive order clarifying that no taxpayer dollars would be spent on abortions under the new healthcare reform law. This order was in response to demands from anti-abortion Democrats, who withheld their support for the healthcare bill until leaders agreed to include stricter anti-abortion language. The executive order specified that people who receive federal subsidies and wish to purchase a plan with abortion coverage must write two separate checks, with the check for the abortion coverage not including any federal money.
Obama has also expressed support for banning some late-term abortions, provided they include exemptions for the mental and physical health of the mother. Additionally, he voted against a bill that would have made it a federal crime for anyone other than a parent to accompany a minor across state lines to obtain an abortion.
Throughout his career, Obama has been a consistent and strong supporter of reproductive justice, earning a 100% pro-choice rating from Planned Parenthood and NARAL Pro-Choice America. He has stated that he believes "women should have the right to choose" and that abortion rights should be protected in accordance with Roe v. Wade.
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Frequently asked questions
No, Barack Obama did not co-sign a no-abortion law. However, he was criticised for not passing legislation to codify abortion rights into federal law during his presidency.
The Freedom of Choice Act was a bill that would have effectively enshrined Roe v. Wade into law, affirming abortion rights.
Barack Obama initially vowed to sign the Freedom of Choice Act but later said it was not his "highest legislative priority".
Yes, in March 2010, Barack Obama signed an executive order reaffirming that no federal money would be used to fund abortions under the new healthcare reform law.
The Partial-Birth Abortion Ban Act was a law that banned abortions by "dilation and extraction" in the second trimester of pregnancy. It was passed by Congress twice and vetoed by President Clinton twice, before being signed into law by President George W. Bush in 2003.
