Executive Order 14076

Executive Order 14076 was legislation signed by President Joe Biden on July 8, 2022, in response to the Supreme Court’s decision to overturn Roe v. Wade, removing federal protections on abortion throughout the United States. Many states activated trigger laws, immediately banning or heavily restricting access to abortions. Executive Order 14076 was intended to help women who might have lost access to abortion. It states that the Biden administration is in favor of fighting for women’s independence in matters of reproductive health. The order expanded access to abortion pills and increased the enforcement of a government mandate requiring insurance companies to cover certain forms of birth control. Though the Executive Order 14076 was criticized for not utilizing executive authority to restore abortion rights, the Biden administration noted that such change would require Congressional approval.

Background

Roe v. Wade was a landmark legal decision made by the US Supreme Court on January 22, 1973. In this decision, the Supreme Court declared a Texas statute banning abortion to be unconstitutional. This made all similar statutes banning abortion unconstitutional, resulting in legally protecting abortion throughout the United States. Feminist activists had fought for abortion rights for all women and considered this decision an important victory.

In Roe v. Wade, the Supreme Court ruled that the Fourteenth Amendment to the Constitution protected women’s access to abortion. Though such protections were not explicitly stated in the amendment, the Supreme Court ruled that they were protected implicitly through the right to privacy. Though many states passed restrictions on abortion after the court’s decision on Roe v. Wade, none were able to ban completely ban the practice. The issue remained controversial among the American public, with many voters in favor of restricting access to abortions and others in favor of maintaining the court’s decision.

The Supreme Court ruled against the Pennsylvania Abortion Control Act in 1992 in Planned Parenthood of Southeastern Pennsylvania v. Casey. In this case, the Supreme Court upheld its prior ruling in Roe v. Wade, which was challenged in Planned Parenthood of Southeastern Pennsylvania v. Casey. However, the court allowed states to pass additional restrictions on abortion access.

In 2022, the Supreme Court began deliberating on the case Dobbs v. Jackson Women’s Health Organization. This case challenged the constitutional legality of a Mississippi law banning abortions after fifteen weeks of pregnancy. Though many lower courts ruled that the law was unconstitutional, continued appeals resulted in the Supreme Court decision. Previous regulations on abortion had required that restrictions could only be placed once the fetus had reached roughly twenty-three weeks in age.

The Supreme Court ruled 6–3 in favor of Mississippi’s law, upholding the earlier regulation. During its decision, the court fully overturned Roe v. Wade, despite its almost five decades of legal precedent. This decision allowed individual states to fully regulate access to abortions. Many states immediately banned abortions, fully criminalizing the practice. Others heavily restricted its access. Some regions also banned certain forms of contraception, believing them to be abortive in nature.

Overview

The sudden changes in abortion law caused by the overturning of Roe v. Wade were contentious. Many women across the United States lost access to abortions, and others feared that they could lose access at any time. Pro-abortion rights activists urged Congress to act, codifying abortion rights into law. However, Congress was not able to immediately pass such complicated legislation.

Though the Legislative Branch was unable to act quickly, President Joe Biden took measures to limit the scope of the Supreme Court’s decision on July 8, 2022, by signing Executive Order 14076, which is titled Protecting Access to Reproductive Health Services. The order states that Roe v. Wade protected women’s fundamental rights to make their own reproductive healthcare decisions, and the government should not interfere in such decisions. The order also noted that the forced closure of women’s healthcare clinics would limit their access to contraception, particularly low-income women, further reducing women’s choices regarding their own reproductive systems.

Executive Order 14076 clarified that the Biden administration stood in favor of protecting women’s reproductive rights, stating that doing so was important to America’s progress as a nation. Though Executive Order 14076 did not restore abortion rights in states where they were banned, it provided women with additional options. The order expanded access to abortion pills, which can be shipped to women in need throughout the United States. It also increased the enforcement of an Obama administration era mandate requiring that insurance companies cover certain forms of birth control, keeping birth control costs affordable for low-income women. Finally, the order instructs the Biden administration to gather a group of pro-bono lawyers to assist women who are prosecuted for seeking reproductive health care.

In addition to definitive changes and resolutions to action, Executive Order 14076 calls on the Biden administration to consider taking several additional measures to secure women’s reproductive rights. Many were concerned that their use of menstruation tracking applications could be seized by law enforcement or sold by technology companies in states where abortion was criminalized. In response, the Biden administration considered increasing digital privacy rights to protect that data. Additionally, many medical professionals were concerned about their legal liability when performing necessary reproductive medicine. The administration considered updating the Emergency Medical Treatment and Labor Act (EMTALA) to increase legal protections for doctors performing abortions.

Executive Order 14076 was criticized by activists for not restoring access to abortions in states where the practice was banned. However, when discussing the Executive Order, Biden noted that Roe v. Wade should be codified into law by Congress. He also explained that the Democratic Party did not hold enough seats in the Senate or the House of Representatives to successfully carry out such an action at the time when Executive Order 14076 was passed.

Bibliography

“Biden Is Doing What He Can to Protect Abortion Access.” The Washington Post, 9 July 2022, www.washingtonpost.com/opinions/2022/07/09/biden-executive-order-abortion-access-limits/. Accessed 21 July 2022.

“Biden Signs Abortion Rights Executive Order Amid Pressure.” Politico, 2022, www.politico.com/news/2022/07/08/biden-abortion-executive-order-00044647. Accessed 12 July 2022.

“Executive Order Addresses Access to Reproductive Health Care, Calls for More HIPAA Guidance.” Reuters, 2022, tax.thomsonreuters.com/blog/executive-order-addresses-access-to-reproductive-health-care-calls-for-more-hipaa-guidance/. Accessed 21 July 2022.

“Executive Order on Protecting Access to Reproductive Healthcare Services.” Whitehouse.gov, www.whitehouse.gov/briefing-room/presidential-actions/2022/07/08/executive-order-on-protecting-access-to-reproductive-healthcare-services/. Accessed 21 July 2022.

“Fact Sheet: President Biden to Sign Executive Order Protecting Access to Reproductive Health Care Services.” Whitehouse.gov, 8 July 2022, www.whitehouse.gov/briefing-room/statements-releases/2022/07/08/fact-sheet-president-biden-to-sign-executive-order-protecting-access-to-reproductive-health-care-services/. Accessed 21 July 2022.

“Roe v. Wade.” History.com, 24 June 2022, www.history.com/topics/womens-rights/roe-v-wade. Accessed 22 July 2022.

“Under Pressure, Biden Issues Executive Order on Abortion.” New York Times, 8 July 2022, www.nytimes.com/2022/07/08/us/politics/biden-abortion-executive-order.html. Accessed 21 July 2022.