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Biden Administration Unveils Initiatives to Safeguard Abortion Rights on Anniversary of Roe v. Wade

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The Biden administration has unveiled new measures aimed at expanding access to contraception, abortion medication, and emergency abortion care on the 51st anniversary of Roe v. Wade. In response to the Supreme Court’s 2022 decision to end federal protections for abortion rights, the administration’s initiatives were announced during a meeting led by President Joe Biden and his Task Force for Reproductive Healthcare Access.

To bolster contraception access, the administration plans to implement measures such as issuing new guidance from federal agencies to “clarify standards” and ensure that FDA-approved contraceptive medications are available for free under the Affordable Care Act. Xavier Becerra, the Secretary of Health and Human Services, has issued a letter to various insurers, reminding them of their obligation to cover contraceptives for those on their plans. The Office of Personnel Management will provide new guidance to insurers to strengthen contraception access for federal workers, retirees, and family members.

In July 2022, the HHS issued guidance under the EMTALA, requiring doctors to perform abortions in emergency departments, even in states where the procedure is illegal, if the patient needs “stabilizing medical treatment” for an emergency medical condition. The administration’s initiative will also include distributing resources about patient rights and materials for healthcare providers to comply with federal requirements. This comes as the Supreme Court is set to hear a case about whether abortion care can be provided under the EMTALA.

The Supreme Court is also expected to review a lower court’s decision restricting nationwide access to mifepristone, one of two abortion pills approved by the FDA in 2000. The administration has stated that the FDA and the Department of Justice will defend access to mifepristone before the court.

Vice President Kamala Harris is initiating a series of abortion rights events, beginning in Wisconsin, where she is expected to denounce a recent bill presented by Republican lawmakers to limit abortion after 14 weeks. Despite attempts to limit reproductive freedom in various states, the Biden administration is advocating for federal legislation to restore protections in Roe v. Wade. Since the Supreme Court’s decision, at least 16 states have significantly reduced abortion services, and several states have implemented bans ranging from 12 to 18 weeks, according to the Guttmacher Institute.

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