Markey Joins Warren, Murray, Over 20 Senators Urging President Biden to Issue Executive Order to Defend Americans’ Right to an Abortion

“As extremist judges and Republican politicians their efforts to strip Americans of basic reproductive freedoms, you can demonstrate to the country and women everywhere that you will do everything in your power to fight back.”

“We urge you to immediately issue an executive order instructing the leaders of every federal agency to submit their plans to protect the right to an abortion within 30 days. Americans across the country are at risk of losing their fundamental rights, including their constitutional right to abortion protected for generations. They deserve no less than a whole-of-government response.”

Text of Letters (pdf)

Washington (June 8, 2022) – United States Senator Edward J. Markey (D-Mass.) joined Senators Elizabeth Warren (D-Mass.) and Patty Murray (D-Wash.), Chair of the Senate Health, Education, Labor, and Pensions Committee, and 22 of their Senate colleagues in a letter to President Biden urging him to immediately issue an executive order directing the federal government to develop a national plan to defend Americans’ fundamental reproductive rights, including their right to an abortion. The letter was also signed by Senators Tammy Baldwin (D-Wisc.); Richard Blumenthal (D-Conn.); Cory Booker (DN.J.); Sherrod Brown (D-Ohio); Maria Cantwell (D-Wash.); Tammy Duckworth (D-Ill.); Dianne Feinstein (D-Calif.); Kirsten Gillibrand (DN.Y.); Maggie Hassan (DN.H.); Martin Heinrich (DN.M.); Amy Klobuchar (D-Minn.); Jeff Merkley (D-Ore.); Christopher Murphy (D-Conn.); Alex Padilla (D-Calif.); Jacky Rosen (D-Nev.); Bernie Sanders (I-Vt.); Brian Schatz (D-HawaiiE»i); Jeanne Shaheen (DN.H.); Tina Smith (D-Minn.); Debbie Stabenow (D-Mich.); Chris Van Hollen (D-Md.); and Ron Wyden (D-Ore.).

“Democrats need to use every tool at their disposal to protect women and their constitutional right to an abortion. President Biden’s executive authority to marshal the resources of the entire federal government is one of our most powerful tools. With an extremist Supreme Court poised to overturn Roe v. Wade, now is the time to act,” said Senator Warren.

“This is an all-hands-on-deck moment to protect abortion rights. With the Supreme Court likely to overturn Roe v. Wade any day now—fulfilling Republicans’ radical, decades-long push to ban abortion—we need an all of government plan to protect every American’s reproductive rights,” said Senator Murray. “I pushed the Biden Administration for a plan last month at a hearing, and now I’m demanding that they step up to the plate: with Republicans continuing their nonstop attacks on the right to abortion, access to birth control, IVF, and so much more, Democrats must fight back with every lever we have to get women the care they need.”

After decades of activism by Republican extremists, the Supreme Court is poised to overturn Roe v. Wadereversing nearly 50 years of settled law and eviscerating the right to a legal abortion. Anti-abortion violence is on the rise, with assaults and threats of harm against abortion providers more than doubling between 2016 and 2020. Anti-abortion policies have introduced nearly 550 abortion restrictions in 42 states and radical laws completely banning abortion and placing bounties on providers offering medical services. And if Roe v. Wade is gutted by this right-wing Supreme Court, Republican leaders have already signaled their next move: a quality ban on abortion in all 50 states.

President Biden has previously mobilized the full force of the federal government on behalf of several key Administration priorities such as racial justice, voting rights, and competition. In the letter, the lawmakers urge the President to act with equal boldness and urgency to protect the right to an abortion. In particular, the lawmakers suggest the following actions for the President’s consideration:

  1. Increasing access to medication abortion. Federal agencies could take steps to increase the accessibility of medication abortion and ensure the wide availability of accurate information about medication abortion.
  2. Providing resources for individuals seeking abortion care in other states. Federal agencies could explore opportunities to provide vouchers for travel, child care services, and other forms of support for individuals seeking to access abortion care that is unavailable in their home state.
  3. Establishing a reproductive health ombudsman at the Department of Health and Humans Services (HHS). A new ombudsman could educate the public and analyze data collected by HHS about access to reproductive services. For example, this office could gather information about insurances’ coverage of reproductive health services (such as contraception); disseminate information about how individuals could connect with Title X clinics, reproductive health clinics, and abortion funds; and provide the public with safety information related to self-managed abortions outside formal medical settings.
  4. Enforcing “Free Choice of Provider” requirements. HHS could explore more aggressively enforcing federal requirements that guarantee Medicaid beneficiaries have the ability to seek family planning services from their provider of choice.
  5. Clarifying protections for sensitive health and location data. HHS’s Office for Civil Rights could clarify how websites or mobile that collect information related to reproductive health (such as period trackers) should protect personally identifiable information and other sensitive data, especially given the risks presented by the sale of this data in states that criminalize reproductive decision-making.
  6. Using federal property and resources to increase access to abortion. The Department of Justice and all relevant agencies could analyze the types of reproductive health services that could be provided on federal property, especially in states where such services are limited by state law or regulation. The Department of Defense could assess the possibility of moving military personnel and their families and any authority to ensure that members and their families can access reproductive health care when they need it. The Office of Personnel Management could explore requirements that all federal employees are provided paid time off and reimburse for expenses necessary to access abortion. And all federal agencies—including those who retain custody or control over individuals or provide healthcare to them—could conduct a review of their regulations and policies that limit abortion care and other reproductive health services and promulgate new regulations that expand access to those services.

“These proposals are only starting points in a federal apparatus that affects millions of Americans every day. The whole of the federal government must be engaged in the Administration’s efforts and must act as swiftly as possible,” the lawmakers wrote.

With the right to an abortion under attack by the Supreme Court and Republican extremists across the country, Senator Warren has mobilized Congress and the American people to protect women and their constitutional right to an abortion:

  • On May 17, 2022, Senator Warren led thirteen of her Senate colleagues in letters to two data brokers demanding answers regarding their collection and sale of the cellphone-based location data of people who visit abortion clinics such as Planned Parenthood.
  • On May 10, 2022, Senator Warren delivered a speech on the floor of the United States Senate on the need to protect the constitutional right to an abortion, pass the Women’s Health Protection Act, and fight back against Republican extremism.
  • On May 9, 2022, Senator Warren wrote an op-ed in Marie Claire about the importance of enshrining the right to an abortion in federal law.
  • On May 3, 2022, when the draft Supreme Court opinion that would overturn Roe v. Wade was leaked, Senator Warren spoke on the steps of the Supreme Court twice to activists, protestors, and the nation about the need to protect abortion rights.

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