President Joe Biden’s administration took action on Wednesday to protect women who cross state lines to have an abortion as the White House pushes for access to reproductive rights amid a slew of new restrictions.
The Department of Health and Humans Services enacts a rule prohibiting health care providers and insurers from sharing private health information if that information will be used to investigate someone for access or abortion.
The proposed rule will protect women who live in states where abortion is illegal but travel to a state where it is legal to have the procedure.
It is unclear whether the proposed rule will actually hinder criminal investigations.
President Joe Biden’s administration has taken action to protect women who cross state lines to have an abortion
In the wake of the Supreme Court ruling in the Dobbs v. Jackson Women’s Health Organization case, which overturned the landmark Roe v. Wade abortion ruling, more women are traveling to get an abortion as states ban the procedure.
In 2020, nearly 1 in 10 abortions were performed on patients who had crossed state lines, according to a report by the Guttmacher Institute. That is more than 6% in 2011.
Clinics in states like Colorado and Illinois, which have less restrictive laws, are reporting an influx of patients from states with stricter laws.
As of January 2023, 24 states have issued or are in the process of issuing restrictive bans.
According to the Guttmacher Institute, 12 states maintain near-total bans on abortion, with very limited exceptions. Four states have laws banning abortion after a certain point in pregnancy, which would have been unconstitutional under Roe.
Many other states are pushing anti-abortion laws through their state legislatures.
Many of these state bans are challenged in court, which is an expensive and time-consuming process.
In addition to these laws, a Texas court ruling threatens access to abortion on a nationwide basis.
Many states have passed laws restricting abortion in the wake of the Supreme Court ruling in the Dobbs case – above abortion rights activists for the Supreme Court
More than a dozen states have restricted access to abortions after the overthrow of Roe V Wade
The White House is working to counter the many restrictions in a way that works faster than the legal system.
The proposed rule for HHS, which is expected to be finalized after a 60-day public comment period, strengthens existing privacy protections under the Health Insurance Portability and Accountability Act, which applies in all states.
The rule specifically prohibits the “use or disclosure” of private health information by a “regulated entity” for these purposes, according to the White House, including:
- “A criminal, civil, or administrative investigation or prosecution of any person in connection with seeking, obtaining, providing, or facilitating reproductive health care, when such health care is lawful under the circumstances in which it is provided.
- The identification of any person for the purpose of initiating such investigations or proceedings.”
Vice President Kamala Harris will meet with Biden’s cabinet on Wednesday to discuss administration tactics in the wake of the Texas ruling restricting access to the abortion pill mifepristone. It is expected to come into effect on Friday.
The Justice Department has appealed to the conservative 5th Circuit Court of Appeals to stay the order pending a full appeal. They asked for a decision on Thursday afternoon.
The ruling by Texas Judge Matthew Kacsmaryk, who was appointed by Donald Trump, threatens to upend access to abortion for the entire country.
Many abortion clinics make heavy use of drug-only abortions. Many of them have also moved to democratically oriented states to maintain access to abortion for millions of women across the country.
Kacsmaryk’s ruling confirmed FDA approval of mifepristone, the most widely used abortion drug in the US.
Many abortion clinics have moved to Democratic states to preserve the right to abortion
A Texas judge restricted access to the abortion pill mifepristone; Justice is appealing
The Food and Drug Administration approved the use of mifepristone in 2000, but the Texas plaintiffs argued that the FDA had not adequately assessed mifepristone’s safety. It is one of two drugs used in the United States for medicated abortion, along with misoprostol, which is also used to treat other medical conditions.
Medical groups point out that mifepristone has been used by millions of women over the past 23 years with a low complication rate.
Meanwhile, a Washington state judge has ordered the FDA to allow mifepristone to stand before 17 states and DC filed a case separate from the one Kacsmaryk heard.
Due to the conflicting rulings, the issue threatens to end up before the Supreme Court.