The Supreme Court is poised to rule in a case that could limit or overturn Roe v. Wade, the landmark decision which has guaranteed a woman's right to abortion since the early 1970s.
Before that decision is handed down, U.S. Sen. Elizabeth Warren is urging President Joe Biden to take a number of executive actions to preserve a woman's access to abortion care. She explained that she's been working on her list of proposals for some time.
"It's not that we just woke up one day, it's like, ‘oh, my gosh, the Supreme Court might actually outlaw Roe.’ It's that we've recognized that an extremist faction of the Republican Party has been driving the Supreme Court in that direction for decades now," Warren said during a press conference in front of the Capitol.
Warren was joined by Sen. Patty Murray, a Democrat from Washington state, in announcing that there are at least six ways the president can use his executive authority to help preserve women's reproductive rights.
“He can improve access to medication abortion,” Warren said. “He can get a reproductive freedom ombudsman at HHS. He can enforce the free choice of provider requirements that are already in the law for Medicaid beneficiaries. And the Department of Justice can explore the possibility of providing abortion services on federal lands.”
Spectrum News 1 asked Alan Morrison, an associate dean at George Washington University Law School, about the president’s executive authority to expand abortion access. He said that while Biden can't reinstate Roe v. Wade by executive order, he does believe Warren’s recommendations would stand up in court.
“The bottom line is that there are many possible things that the federal government can do at the direction of the president and agency heads that will make abortions more available than they would be without those actions," said Morrison.
U.S. Sen. Josh Hawley, a Republican from Missouri, disagrees with Morrison.
“I can tell you that the president does not have the authority to unilaterally legislate on the subject of abortion or anything else for that matter,” Hawley said. “So I very much hope that Roe v. Wade will be overturned very soon because it is a fundamentally unjust decision.”
Spectrum News 1 reached out the White House for comment on Warren's recommendations and they responded with a detailed statement:
As far as specific actions the White House is considering, it is unlikely that they will be announced before the Supreme Court makes its ruling public.