Biden ‘desperately’ clings to hope in uphill abortion law battle, allies say

Four senior Democratic officials spoke to the Washington Examiner about Biden’s legislative lifeline, all of whom agree that any bill codifying abortion rights faces a steep uphill battle.

ABORTION CLINICS ON FEDERAL LANDS A POSSIBILITY, HHS SAYS

Two officials suggested that in overturning Roe v. Wade, the Supreme Court might have finally given Democrats the push they need to convince Sens. Kyrsten Sinema (D-AZ) and Joe Manchin (D-WV) to agree to reform the filibuster, effectively clearing the way for a partisan abortion bill to pass the chamber.

Sinema has been staunchly in favor of abortion rights throughout her career, and she said the Dobbs v. Jackson Women’s Health Organization ruling “endangers the health and well-being of women in Arizona and across America.”

“A woman’s healthcare choices should be between her, her family, and her doctor,” she said in a statement. “I’ve always supported women’s access to healthcare, and I’ll continue working with anyone to protect women’s ability to make decisions about their futures.”

Manchin similarly said he was “deeply disappointed” by Dobbs and said that Justices Amy Coney Barrett, Brett Kavanaugh, and Neil Gorsuch misled him and other Senate Judiciary Committee members about their intent to overturn Roe “when they testified under oath” at their confirmation hearings. Furthermore, he said he was “hopeful” the Senate could pass a bipartisan bill codifying Roe, which he would support.

On a bipartisan bill, a third Democratic official specifically pointed to a bill Sen. Susan Collins (R-ME) is crafting with Sen. Tim Kaine (D-VA).

“The Senate just came together and reached a bipartisan agreement addressing gun violence, something that hasn’t been done in nearly three decades,” that person said. “There’s no reason they won’t do so again on this issue, especially when it impacts the civil liberties of more than half the country. This is no time for playing party politics.”

Like Collins, Sen. Lisa Murkowski (R-AK) also voiced her commitment to supporting abortion rights legislation in recent days, but a bipartisan bill would need to secure votes from other Republicans to pass the Senate.

A fourth Democratic official, however, was far less optimistic in discussing whether the current Congress could pass any bill on the topic.

“President Biden is desperately calling for something that will not happen before the midterms,” that person said. “It’s absolutely paramount voters put Roe on the ballot this year. From voting rights to clean energy, the current Congress has made it clear they’re incapable of acting on the issues voters care about, and now women’s lives are literally at stake. Something needs to be done.”

Biden himself made similar calls in his Friday speech addressing the Dobbs ruling.

“The only way we can secure a woman’s right to choose and the balance that existed is for Congress to restore the protections of Roe v. Wade as federal law,” Biden said. “And if Congress, as it appears, lacks the vote — votes to do that now, voters need to make their voices heard. This fall, we must elect more senators and representatives who will codify a woman’s right to choose into federal law once again, elect more state leaders to protect this right at the local level.”

Beyond holding out hope for a legislative solution, the Biden administration has taken some targeted steps to protect reproductive rights.

Health and Human Services Secretary Xavier Becerra said Tuesday that the administration is weighing several ideas raised by Democratic lawmakers, possibly including a proposal to set up abortion clinics on federal lands.

“What I can tell you is that we are aware of a number of ideas and proposals, many of which we have been considering internally ourselves,” he told reporters. “We have made no decisions yet. We certainly would have a conversation with the president to make sure we implement his directives to us in trying to protect women’s reproductive healthcare services.”

Vice President Kamala Harris and White House press secretary Karine Jean-Pierre, on the other hand, have both expressed concerns about the federal lands proposal.

Harris outright told CNN Monday that the White House is not discussing the proposal “right now.”

“We understand the proposal is well intentioned, but here’s the thing: It could actually put women and providers at risk. And importantly, in states where abortion is now illegal, women and providers who are not federal employees, as you look at the federal lands, could be potentially be prosecuted,” Jean-Pierre added on Tuesday. “There’s actually dangerous ramifications to doing this.”

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Biden himself suggested Friday that he will take steps to ensure that women, even in states that enact new abortion bans, will have access to mifepristone, an abortion medication approved by the Food and Drug Administration.

“We stand ready to work with other arms of the federal government that seek to use their lawful authorities to protect and preserve access to reproductive care,” Attorney General Merrick Garland said in a separate statement. “In particular, the FDA has approved the use of the medication mifepristone. States may not ban mifepristone based on disagreement with the FDA’s expert judgment about its safety and efficacy.”