The White House and Department of Justice on Friday virtually brought together lawyers and reproductive rights stakeholders from across the country to talk about defending women’s right to legal abortion, after President Joe Biden earlier this month called for the meetings via executive action.

What You Need To Know

  • The White House and Department of Justice on Friday virtually brought together lawyers and reproductive rights stakeholders from across the country to talk abortion access

  • President Biden had called for the meetings in an executive order earlier this month; both the attorney general and second gentleman Doug Emhoff were set to attend

  • The group of government officials, pro bono attorneys, bar associations and public interest groups were set to talk about “travel for abortion care, denials of care, criminalization and family planning services"

  • Associate Attorney General Vanita Gupta said Friday that the DOJ’s lawyers were “closely following the new and uncertain landscape of state laws” on abortion and would intervene where necessary

Attorney General Merrick Garland and Second Gentleman Doug Emhoff, also an attorney, were scheduled to appear as the group discussed ways to “encourage robust legal representation” of people seeking reproductive care, according to the White House.

The president’s executive order — signed in the wake of the Supreme Court decision on Dobbs v. Jackson Women’s Health Organization, which struck down the constitutional right to an abortion — called for the DOJ to convene pro bono attorneys, bar associations and public interest organizations on the issue.

On Friday, the group planned to talk about “travel for abortion care, denials of care, criminalization" and family planning services, according to the White House.

White House Counsel Stuart Delery kicked off the meeting Friday afternoon, calling the meeting a “step towards encouraging a strong network of lawyers ready to fight for reproductive freedom.”

“But before we can fight, we must listen. Listen to those who have worked closely with women who have suffered and will suffer because of the Dobbs decision,” he said.

“Today, we will listen and learn and then think seriously about how we as lawyers can bring our unique tools to bear.”

Associate Attorney General Vanita Gupta said Friday that the DOJ’s lawyers were “closely following the new and uncertain landscape of state laws” on abortion and that the department will “bring or participate in litigation where they infringe on on federal protections.”

Also in Biden’s executive order to protect reproductive rights was a call for the Department of Justice to protect women’s right to travel to seek an abortion. 

And the president asked the Department of Health and Human Services as well to clarify guidance around women’s access to medication abortion and to emergency care that may result in termination of a pregnancy, often because a mother’s life is at risk.

The state of Texas has already challenged that new HHS guidance on emergency care, a suit that DOJ is involved in, Gupta said.

“We are advising federal agencies on legal issues that have arisen post-Dobbs and defending them in litigation,” she explained. 

“Across all these lines of work, the department is treating this as the core civil rights and access to justice issue that it is,” Gupta added. “As the legal landscape continues to grow more complex, we know that access to legal assistance will be critical for women and providers all over the country.”

She said the DOJ could not act alone — and that a network of private, pro bono and government lawyers will be necessary to protect reproductive rights.