President Joe Biden’s executive order to protect reproductive rights and care announced earlier this month can only do so much without Congressional budgetary support. The order directs federal agencies, particularly the U.S. Department of Health and Human Services [HHS] to safeguard access to abortion care and contraception, protect the privacy of patients, promote the safety and security of both patients and providers and to coordinate federal efforts to protect reproductive access and rights. But, Biden’s ability to affect change on the current state of abortion care now that the court has overturned Roe v. Wade is “handcuffed” by a lack of action from the U.S. Congress, Noreen Farrell, attorney and executive director with the nonprofit Equal Rights Advocates, told NM Political Report. “Obviously, there’s some congressional handcuffs on the scope and impact of executive action,” Farrell said. Farrell called the order “a plan to make a plan.”
A few days after Biden’s order, HHS Secretary Xavier Becerra issued guidance that states that providers must continue to follow the Emergency Medical Treatment and Active Labor Act, a federal law that requires that all patients receive an examination, stabilizing treatment and transfer, if necessary, as needed, irrespective of state laws that apply to specific procedures.