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(LifeSiteNews) — Biden administration officials are considering using a public health emergency declaration to shield abortion pill providers from liability, even in states where such pills are now outlawed after the reversal of Roe v. Wade.
White House officials consider the proposal, which relies on powers reserved for public health emergencies under the Public Readiness and Emergency Preparedness (PREP) Act, as the most practical way to help ensure abortion access, thereby appeasing Democrats clamoring for ways to counteract Roe’s reversal, according to POLITICO.
The measure is considered both practical and high impact considering that a high percentage of abortions are performed in the U.S. via pills. In fact, more than half of all U.S. abortions in 2020 were accomplished with pills, according to a survey by the pro-abortion Guttmacher Institute.
POLITICO shared, however, that senior aides have expressed concerns that such a move would inevitably be challenged in court, providing an opportunity for conservative judges to “further limit” Biden’s executive power.
Concerning a PREP Act declaration, one of the people familiar with the discussions told POLITICO, ““It’s the only one that’s had a reasonably decent amount of support [internally]. But there’s no one that’s gung ho.”
Some officials additionally have reservations about the advisability of a PREP Act considering that aside from its negative prospects in court, it would likely not provide a long-term means of ensuring abortion access, given the temporary nature of public health emergencies.
POLITICO reported that a White House spokesperson did not address their specific questions about the PREP Act but said the administration is considering steps that may “provide meaningful help to women seeking reproductive health care, including abortions.”
“President Biden is going to do everything he can within his legal authority to make sure we continue to protect women’s rights,” the spokesperson said in a statement.
The White House has previously emphasized its own limitations in preserving abortion access nationwide after the Dobbs decision, proposing as a more practical alternative the codification of a so-called abortion “right” via legislation from Congress.
Biden has gone so far as to publicly support a change in filibuster rules to facilitate laws that would enshrine abortion.
“They’re under enormous pressure,” an unnamed person familiar with the discussions told POLITICO, referring to White House officials. “The majority of people still don’t think it’s a good idea. But they’re not taking it off the table.”