The Biden administration considered declaring a public health emergency to preserve broad access to abortion services following the US Supreme Court’s decision last month to overturn Roe v. Wade, but officials ultimately decided against the move, according to people familiar with the matter.
The possible declaration was discussed between top officials at the Health and Human Services Department and the White House ahead of a June 28 news conference by Health and Human Services Secretary Xavier Becerra, the people said. But officials set aside the idea due to concerns the impact wouldn’t justify an inevitable legal battle.
[…]
Had the federal government declared a public health emergency, Becerra’s department would have gained new powers for an indefinite period. For example, abortion rights advocates say Becerra could have ordered that medication abortion can be prescribed across state lines, or even moved to shield doctors from legal liability for performing abortions in states that outlaw the procedure.
But White House aides and some HHS officials were concerned the declaration wouldn’t make a substantial impact, that it might be seen merely as a public relations maneuver and that it would draw lawsuits, according to the people familiar with the matter.
>But officials set aside the idea due to concerns the impact wouldn’t justify an inevitable legal battle.
>But White House aides and some HHS officials were concerned the declaration wouldn’t make a substantial impact, that it might be seen merely as a public relations maneuver and that it would draw lawsuits, according to the people familiar with the matter.
“Instead of making some impact and utilizing our resources to defend what we claim to be an essential constitutional right we decided to do nothing instead.
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