The order directs Mr. Becerra to develp a report “identifying potential actions” to protect access to abortion, but does not say what those actions will be. Mr. Becerra will identify “steps” to ensure that pregnant women have access to emergency care, it says, by “considering updates to current guidance on obligations specific to emergency conditions and stabilizing care.”
The order does not specify what those updates will be but directs Mr. Becerra to report back to Mr. Biden in 30 days.
In an effort to prepare for legal challenges from abortion opponents, the order directs the attorney general and the White House counsel to “convene a meeting of private pro bono attorneys, bar associations, and public interest organizations” to encourage robust legal representation.
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In response to concerns that those seeking abortions could be prosecuted using personal information in emails, texts or web searches, the order seeks to safeguard patient privacy regarding data about women’s health services.
It asks the chair of the Federal Trade Commission to “consider actions” to protect consumers’ privacy when patients seek information about reproductive care. And it directs Mr. Becerra to “consider actions” to protect information.
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The order pledges that the administration will “ensure the safety of patients, providers and third parties” who are delivering or receiving abortion services. But it does not say how agencies will ensure that amid heightened tensions after the Supreme Court’s decision.
Mr. Biden has repeatedly said that 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 ruling, the president said he was powerless to restore the status quo.
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Other administration officials have also said that the president’s hands are largely tied in part because of the Hyde Amendment, a provision in federal law precluding the government from paying for abortions except in cases of rape or incest or to save the life of the mother.
Mr. Becerra has said his agency will work with the Justice Department to ensure that women have access to abortion pills — two drugs taken 24 to 28 hours apart and authorized for use during the first weeks of pregnancy — in places where state law conflicts with the judgment of the Food and Drug Administration, which approved the drugs for use and determined that they are safe and effective.
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Beyond that, Mr. Biden and Mr. Becerra have said that Americans should vote for lawmakers who support abortion rights so that Congress can take action to establish federal protections for access.
at the bolded.
