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Politics|Biden Warns That Republicans Are Not Finished on Abortion

https://www.nytimes.com/2023/06/24/us/politics/biden-republicans-abortion-roe-v-wade.html
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U.S. ABORTION LANDSCAPE

 * A Year Without Roe
 * Impact on Clinics
 * Decrease in Legal Abortions
 * Tracking Abortion Bans
 * Your Questions, Answered

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BIDEN WARNS THAT REPUBLICANS ARE NOT FINISHED ON ABORTION

A year after the end of Roe v. Wade, Biden administration officials are working
with a limited set of tools, including executive orders and the bully pulpit, to
galvanize supporters on abortion rights.

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A poll found that one in four Americans said that restrictive abortion bans
enacted at the state level have made them more supportive of abortion
rights.Credit...Haiyun Jiang for The New York Times


By Katie Rogers and Zolan Kanno-Youngs

Reporting from Washington

June 24, 2023Updated 10:41 a.m. ET

Minutes after the Supreme Court voted to overturn Roe v. Wade last summer, a
group of West Wing aides raced to the Oval Office to brief President Biden on
the decision. As they drafted a speech, Mr. Biden was the first person in the
room to say what has been his administration’s rallying cry ever since.

Passing federal legislation, he told the group, was “the only thing that will
actually restore the rights that were just taken away,” recalled Jen Klein, the
director of the White House Gender Policy Council.

But if the prospect of codifying Roe’s protections in Congress seemed like a
long shot a year ago, it is all but impossible to imagine now, with an ascendant
far-right bloc in the House and a slim Democratic majority in the Senate.

Instead, with the battle over abortion rights turning to individual states,
officials in the Biden administration are working with a limited set of tools,
including executive orders and the galvanizing power of the presidency, to argue
that Republicans running in next year’s elections would impose even further
restrictions on abortion.



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“Make no mistake, this election is about freedom on the ballot,” Mr. Biden said
Friday at a Democratic National Committee event, where he collected the
endorsements of several abortion rights groups.

On Saturday, Vice President Kamala Harris was set to deliver a speech in North
Carolina marking the one-year anniversary of the Supreme Court’s decision to
eliminate the constitutional right to an abortion after almost 50 years.

Ms. Klein, who recalled refreshing news websites on the day the decision came
down last June, said that she was “shocked but not surprised” by the court’s
ruling in Dobbs v. Jackson Women’s Health Organization.


MORE ON ABORTION ISSUES IN AMERICA

 * In Wyoming: A Wyoming judge temporarily blocked the first state law
   specifically banning the use of pills for abortion, the most common method in
   the country, a week before it was scheduled to take effect.
 * Iowa: An attempt to ban abortion in Iowa after six weeks of pregnancy failed
   after the State Supreme Court deadlocked over whether to vacate a lower
   court’s injunction and allow the ban to take effect.
 * Oklahoma: The state’s Supreme Court said that two recent abortion bans are
   unconstitutional, but the ruling does not affect an older law which still
   prohibits most abortions in the state.
 * South Carolina: A judge temporarily blocked a new law restricting abortion
   access after six weeks of pregnancy.

She added that “efforts to really take extreme action do not represent the
majority of opinion of where people are on this.”

The White House has argued that Mr. Biden is reaching the legal limits of his
powers through executive actions. On Friday, his latest executive action in
response to the Dobbs decision ordered federal agencies to look for ways to
ensure and expand access to birth control.



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Mr. Biden previously has issued a memorandum to protect access to abortion
medication at pharmacies and taken action to protect patients who cross state
lines to seek care. The Justice Department has taken legal action against some
states restricting abortion. And the Food and Drug Administration’s approval of
the abortion-pill drug mifepristone was quickly challenged in the courts. (In
April, the Supreme Court issued an order to preserve access to the pill as
litigation continues.)


Image

The Biden campaign and the Democratic National Committee will make abortion a
primary focus of the president’s re-election effort.Credit...Haiyun Jiang/The
New York Times


As the White House has clarified its message around abortion rights, framing the
fight as one in support of privacy, safety and civil rights, so has the
president. Mr. Biden, a Catholic who attends mass almost every week, has
struggled throughout his career with defending abortion rights. Since Roe was
overturned, he has grown more outspoken.

“I think that he is somebody who really has his own personal views, and has also
been quite clear that Roe v. Wade was rightly decided,” Ms. Klein said.



Recent polling shows that a majority of Americans may feel similarly. A USA
Today/Suffolk University poll conducted earlier this month found that one in
four Americans said that restrictive abortion bans enacted at the state level
have made them more supportive of abortion rights. Another poll, conducted by
PBS NewsHour, NPR and Marist, said that 61 percent of American adults support
abortion rights.



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Some activists suspect that some Republican presidential candidates are paying
attention to the polling. Mike Pence, the former vice president and presidential
candidate, said on Friday that he would support a 15-week national ban on the
procedure. Senator Tim Scott of South Carolina has also backed such a ban.

Other candidates have avoided a definitive stance. Gov. Ron DeSantis of Florida
signed a six-week abortion ban into law in his state, though he has not said
whether he would support a national ban.

“It was the right thing to do,” Mr. DeSantis said Friday of signing the law.

The G.O.P. primary front-runner, former President Donald J. Trump, takes credit
for appointing the Supreme Court justices who overturned Roe v. Wade, but he has
so far also resisted embracing a federal ban.

As the G.O.P. field assembles, the Biden campaign and the Democratic National
Committee will make abortion a primary focus of the president’s re-election
effort. Earlier this month, the Biden campaign launched an advertisement
campaign focused on battleground states, including the funding of billboards in
Times Square that will highlight Republican efforts to restrict abortion access.

The Democratic National Committee is also encouraging local Democrats to press
Republicans to specify what their position is on national bans, believing it
will help contrast Mr. Biden’s approach with extremist positions, according to a
D.N.C. official.



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Inside the White House, Ms. Klein said officials are tracking court cases in
individual states and bringing abortion-rights activists together to compare
notes on which policies have succeeded.

Still, activists are wary that court victories can be short-lived and do not
take away the threat of a wider abortion ban the way legislation would.

In recent months, administration officials have regularly highlighted the
stories of women who have been denied emergency medical care when suffering
pregnancy loss.

Ms. Harris, who has made several trips and delivered speeches in defense of
abortion rights, has frequently introduced medical care providers at her events
to bolster the argument that the decision to end a pregnancy is a private one
and not to be toyed with by local politicians.


Image

Vice President Kamala Harris, displaying a map showing abortion access, has
emerged as a strong voice in the administration on abortion
rights.Credit...Oliver Contreras for The New York Times


Jill Biden, the first lady, has also been enlisted in the effort. On Tuesday,
she hosted a group of women in the Blue Room of the White House and asked them
to share their stories. One of the women, Dr. Austin Dennard, a physician in
Texas, said she was forced to travel out of state for an abortion when her fetus
was diagnosed with anencephaly, a condition that causes a baby to be born
without parts of the brain and skull.



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Another, a Houston-based Democratic campaign worker named Elizabeth Weller, had
gone into labor at 18 weeks and was directed to go home until she developed an
infection so severe that a hospital ethics panel allowed a doctor to end the
pregnancy.

“Joe is doing everything he can do,” the first lady told the group.

Mini Timmaraju, the president of the abortion rights group NARAL Pro-Choice
America, agreed that the Biden administration is “doing everything they can,”
but she said the limitations are real.

“We have to give them a pro-choice majority Congress,” she said. “That’s it.
They’ve done everything they can up until that point, but without the support of
Congress, they are limited and we are limited in what we can do.”



Katie Rogers is a White House correspondent, covering life in the Biden
administration, Washington culture and domestic policy. She joined The Times in
2014. @katierogers

Zolan Kanno-Youngs is a White House correspondent covering a range of domestic
and international issues in the Biden White House, including homeland security
and extremism. He joined The Times in 2019 as the homeland security
correspondent. @KannoYoungs

A version of this article appears in print on June 25, 2023, Section A, Page 19
of the New York edition with the headline: White House Has Limited Tools in
Abortion Battle. Order Reprints | Today’s Paper | Subscribe
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