Shortly after the Supreme Court’s decision to overturn Roe v. Wade last summer, a group of West Wing aides hurried to the Oval Office to update President Biden. As they worked on a speech, Mr. Biden was quick to recognize that passing federal legislation was the key to restoring the rights that had been taken away. Jen Klein, the director of the White House Gender Policy Council, recalled this moment.
However, with a far-right bloc gaining power in the House and a slim Democratic majority in the Senate, the chances of codifying Roe’s protections through Congress seemed unlikely a year ago. Now, it’s nearly impossible to imagine. Instead, the Biden administration is resorting to executive orders and the power of the presidency to wage a battle at the state level, arguing that Republicans running in next year’s elections will further restrict abortion rights.
At a recent Democratic National Committee event, Mr. Biden declared, “Make no mistake, this election is about freedom on the ballot.” The Vice President, Kamala Harris, also delivered a speech emphasizing the importance of voting to protect the right to have an abortion. She declared, “We’re not having” the nationwide ban on abortions proposed by extremist Republicans in Congress.
Ms. Klein, reflecting on the day the Dobbs v. Jackson Women’s Health Organization ruling was announced, said she was not surprised, but still shocked. She believes that extreme actions do not represent the majority opinion on this matter.
The White House acknowledges that President Biden is reaching the legal limits of his powers through executive actions. His latest response to the Dobbs decision ordered federal agencies to find ways to ensure and expand access to birth control. Previously, he issued a memorandum to protect access to abortion medication at pharmacies and took action to protect patients seeking care across state lines. The Justice Department has also taken legal action against states with restrictive abortion laws. The FDA’s approval of the abortion-pill drug mifepristone was challenged in the courts, but the Supreme Court has ordered that access to the pill be preserved.
As the White House frames the fight for abortion rights around privacy, safety, and civil rights, the President himself has become more outspoken. Ms. Klein said that Mr. Biden holds his own personal views and believes Roe v. Wade was rightly decided.
Recent polling indicates that a majority of Americans share this sentiment. Polls conducted by USA Today/Suffolk University and PBS NewsHour, NPR, and Marist show that a significant number of Americans support abortion rights and that restrictive state-level bans have actually made more people sympathetic to abortion rights.
Some activists suspect that Republican presidential candidates are taking note of these polls. Mike Pence, the former Vice President, expressed support for a 15-week national ban, while Senator Tim Scott of South Carolina has also endorsed such a ban. However, other candidates have not firmly stated their positions. Governor Ron DeSantis of Florida signed a six-week abortion ban into law but has not clarified whether he would support a national ban.
As the GOP field forms, the Biden campaign and the Democratic National Committee will make abortion a primary focus of the President’s re-election effort. The campaign has launched an advertising campaign in battleground states and put up billboards in Times Square highlighting Republican efforts to restrict abortion access. The DNC is also urging local Democrats to press Republicans on their stance regarding national bans, aiming to contrast Mr. Biden’s approach with extremist positions.
Inside the White House, officials are monitoring state court cases and bringing together abortion rights activists to share successful policies. However, activists remain cautious, as court victories can be temporary and do not eliminate the threat of a broader abortion ban like legislation would.
Administration officials have been sharing stories of women who have been denied emergency medical care during pregnancy loss. Vice President Harris frequently introduces medical care providers at her events to emphasize that the decision to end a pregnancy is personal and should not be influenced by local politicians. First Lady Jill Biden has also joined the effort, hosting a group of women at the White House to hear their stories.
Mini Timmaraju, the President of NARAL Pro-Choice America, acknowledges that the Biden administration is doing everything it can within its limitations. However, she emphasizes the need for a pro-choice majority in Congress to achieve lasting change.
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