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Nancy Northup, CEO of Center for Reproductive Rights, argued in a Washington Post op-ed that there could be a way for President Biden to protect abortion nationwide on Thursday.
Last week, the Supreme Court overturned Roe v. Wade, which sent the issue of abortion back to state legislatures. Several states have already enacted trigger laws that severely limit or outright ban abortion within their jurisdiction.
Northup suggested that the court decision alone could create a health emergency "from all sectors."
Protesters shout as they join thousands marching around the Arizona Capitol after the Supreme Court decision to overturn the landmark Roe v. Wade abortion decision Friday, June 24, 2022, in Phoenix. (AP Photo/Ross D. Franklin)
"The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization is not only the most damaging setback to the rights of women in our country’s history — it also creates a staggering public health emergency requiring swift and definitive action from all sectors, including the Biden administration," Northup wrote.
Northup’s group originally defended Jackson Women's Health Organization, the group at the center of the case. After the loss, she wrote that President Biden could still work around the ruling, using his executive power.
"It is in the Biden administration’s power to address this crisis immediately by declaring a public health emergency for abortion. Such a declaration would give the Department of Health and Human Services power to help patients get vital abortion care wherever they live. Under the declaration, HHS can enable out-of-state prescribing and dispensing of medication abortion for those in states with abortion bans," Northup explained.
Xavier Becerra, secretary of Health and Human Services (HHS), during the CEO Summit of the Americas hosted by the US Chamber of Commerce in Los Angeles, California, US, on Wednesday, June 8, 2022. (Kyle Grillot/Bloomberg via Getty Images)
She specifically highlighted the Public Readiness and Emergency Preparedness Act which, in theory, could protect doctors and patients from liability in taking part in abortions in states where they would be illegal.
"The declaration would be based on the well-documented adverse health consequences of restricted access to abortion care, which include complications and maternal death associated with pregnancy, childbirth and unsafe abortion methods," Northup wrote.
In the wake of the Supreme Court decision, several Democrat lawmakers called on Biden to protect abortion rights nationwide. Sen. Elizabeth Warren, D-Mass., called on the president to declare a public health emergency while advocating for reforming the Electoral College and eliminating the filibuster. Rep. Alexandria Ocasio-Cortez, D-N.Y., suggested that abortion clinics could start operating on federal land.
Rep. Alexandria Ocasio-Cortez, D-N.Y., speaks as she joins abortion-rights activists as they demonstrate following Supreme Court's decision to overturn Roe v. Wade in Washington, Friday, June 24, 2022. The Supreme Court has ended constitutional protections for abortion that had been in place nearly 50 years, a decision by its conservative majority to overturn the court's landmark abortion cases. ((AP Photo/Jacquelyn Martin))
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Northup concluded, "We need a national standard guaranteeing abortion access, which Biden rightly said Congress must legislate. But in the meantime, the administration must take the first step toward restoring national protections: Declare a public health emergency now and ensure that medication abortion is available across the nation."
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