Biden's Abortion Law: What's The Verdict?

US President Joe Biden has taken several steps to protect and expand abortion rights in the country. In 2021, he signed executive orders to reverse Trump-era policies that restricted abortion access. Biden repealed the global gag rule, which prevented international organisations from receiving US assistance if they provided abortion services or information. He also expanded the Affordable Care Act (Obamacare) and removed restrictions to the Title X family planning programme for low-income Americans. However, in 2024, the US Supreme Court rejected Biden's bid to enforce federal guidance requiring hospitals in Texas to perform emergency abortions, despite the state's near-total ban on the procedure.

Biden's stance on abortion

President Joe Biden has been a vocal supporter of reproductive rights and has taken several steps to protect access to abortion. Biden's stance on abortion has evolved over the years, and he has faced criticism from both pro-choice and anti-abortion groups.

In 2021, Biden stated that "reproductive rights are a constitutional right. And, in fact, every woman should have that right." He has also said that he wants to reverse the Trump-era attacks on abortion rights and has taken steps to overturn Trump-era decisions that restricted abortion access. For example, in 2021, he repealed the global gag rule, which restricted health organizations worldwide from receiving U.S. assistance if they performed abortions or provided information about the procedure. Biden has also expressed his intention to reverse the domestic gag rule, which restricts providers that offer abortion referrals from receiving Title X family planning funds.

Biden has also stated that he wants to protect Roe v. Wade and stop state restrictions on abortion access. In his health care plan, he said that he would work to "codify" Roe v. Wade and that his Justice Department would take action to stop state laws that violate the constitutional right to an abortion. However, Biden's ability to make Roe v. Wade federal law is limited, especially with the current Republican-majority Congress and the conservative majority in the Supreme Court.

Despite these challenges, Biden has taken executive action to protect access to reproductive health care. This includes protecting access to abortion, including FDA-approved medication abortion, defending access to emergency medical care, supporting the ability to travel for reproductive health care, strengthening access to high-quality and affordable contraception, safeguarding patient and provider privacy, and ensuring access to accurate information and legal resources.

In terms of specific actions, Biden has directed agencies to support patients, providers, and pharmacies that wish to access, prescribe, or provide medication abortion. He has also defended the FDA's approval of mifepristone, a drug used in medication abortion, in court. Additionally, the Biden administration has partnered with state leaders who are working to protect access to abortion and advance proactive policies.

Biden has also taken steps to provide access to reproductive health care for veterans and service members. The Department of Veterans Affairs (VA) has issued a rule allowing VA to provide abortion counselling and, in certain circumstances, abortion care to veterans and beneficiaries. The Department of Defense (DoD) has also taken action to ensure that service members and their families can access reproductive health care and that DoD health care providers can operate effectively.

In summary, Biden's stance on abortion is that it is a constitutional right that should be protected and accessible to all women. He has taken several actions to uphold this stance, despite facing legal and political challenges.

Biden's plans to overturn Trump-era abortion laws

President Joe Biden has been very vocal about his plans to overturn Trump-era abortion laws. During the CNN presidential debate, Biden blamed Donald Trump for the deluge of state abortion restrictions since the fall of Roe v. Wade. He pledged to restore the law under Roe if given a second term but didn't say how he'd accomplish that. He said that the idea of turning abortion laws back to the states is like turning civil rights back to the states.

Biden's campaign highlighted Trump's connection to the overturning of Roe v. Wade and its impact on pregnant people across the U.S. He also warned that a second Trump term could lead to nationwide abortion restrictions. Biden believes that women's reproductive health care decisions should be made by them and their doctors, not politicians. He is fighting to restore the protections of Roe v. Wade and has promised to never allow a national abortion ban to become law.

Biden has signed three executive orders to protect access to reproductive health care. He has also issued a Presidential Memorandum directing efforts to protect access to medication abortion, including safeguarding the safety and security of patients, providers, and pharmacies. The Biden administration is committed to helping ensure that all patients, including women experiencing pregnancy loss and other pregnancy-related emergencies, have access to emergency medical care.

Biden has also taken steps to expand access to contraception. He issued an Executive Order directing agencies to improve contraception access and affordability for women with private health insurance and promote increased access to over-the-counter contraception. Additionally, he plans to restore federal funding for Planned Parenthood and has released guidance to keep states from blocking Medicaid funding for Planned Parenthood and other abortion providers.

Biden has also expressed his support for repealing the Hyde Amendment, which blocks public funding of abortion under Medicaid, except in cases of incest or rape, or if the pregnancy poses a danger to the mother's life.

Biden's expansion of the Obamacare insurance programme

President Joe Biden has taken several steps to expand the Obamacare insurance programme. Firstly, he has worked to strengthen the Affordable Care Act (ACA) and increase access to affordable, high-quality health care. Under his administration, over 45 million people have gained health coverage through the ACA and related initiatives. This includes more than 21 million consumers who selected or were automatically re-enrolled in health insurance coverage during the 2024 Open Enrollment Period.

The Biden-Harris administration has also streamlined the enrollment process for Medicaid, the Children's Health Insurance Program (CHIP), and the Basic Health Program (BHP). This rule removes barriers to enrollment, updates and builds on the ACA's coverage protections, and ensures that millions of Americans can access and maintain their health coverage. For example, the rule eliminates waiting periods for CHIP coverage, allowing children to access healthcare immediately.

In addition, Biden has proposed a public option for the ACA that would cover contraception and a woman's constitutional right to choose. This would be a significant shift from his previous position, as he had long supported the Hyde Amendment, which blocks public funding of abortion under Medicaid, except in specific cases. However, in 2019, he dropped his support for the amendment, recognising that health care access should not depend on someone's ZIP code.

Biden's reversal of the Mexico City Policy

The impact of the policy has been detrimental to sexual and reproductive health services, causing a reduction in or stoppage of US-funded HIV programs and an increase in unintended pregnancies and abortions. It has also been linked to higher maternal and infant mortality rates and higher incidence rates of HIV. Biden's decision to rescind the policy is, therefore, a welcome move for women's health advocates.

However, undoing the effects of the policy will take time. Organizations affected by the policy will need to wait for new funding cycles to open, and it will take time for news of the policy change to reach every international organization that receives US funding. In the meantime, women's health advocates are hoping for further action from the Biden administration, such as supporting the Global Health, Empowerment, and Rights (Global HER) Act, which would permanently eliminate the "global gag rule".

Biden's support for Roe v. Wade

President Joe Biden has expressed his support for Roe v. Wade, the 1973 landmark case that legalised abortion in the United States. In his 2024 State of the Union address, Biden promised to make the right to abortion a federal law. He stated, "If you, the American people, send me a Congress that supports the right to choose, I promise you I will restore Roe v. Wade as the law of the land again."

Biden has also taken steps to reverse Trump-era attacks on abortion rights. He repealed the global gag rule, which restricted health organisations from receiving U.S. assistance if they performed abortions or provided abortion information. Additionally, he plans to restore federal funding for Planned Parenthood and has endorsed their mission to protect and expand access to sexual and reproductive healthcare.

However, Biden faces challenges in his efforts to uphold Roe v. Wade. The Supreme Court's 2022 Dobbs v. Jackson Women's Health Organization ruling removed federal constitutional protection for abortion rights, leaving regulation to individual states. As a result, many states have implemented abortion bans or restrictions. Biden has acknowledged the difficulty of making Roe v. Wade federal law but remains committed to making abortion more accessible.

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