Wielding Every Tool We Have: Urging a Public Health Emergency for Abortion Access

Statement

U.S. Representative Lloyd Doggett (D-TX), Chair of the House Ways and Means Health Subcommittee, and U.S. Representative Lizzie Fletcher (D-TX) just led a group of 83 lawmakers in urging the Biden Administration to issue a national emergency declaration and a Public Health Emergency declaration on abortion access, and to use authorities under the PREP Act to help ensure continued access to medication abortion across the country.

"This is a five-alarm fire for Americans' liberty; we need to meet this moment with action by using every available tool to defend abortion access," said Congressman Doggett. "The Supreme Court's radical and dangerous decision has precipitated a full-scale reproductive health care crisis that threatens patients' lives. We urge President Biden to meet this emergency with an emergency response, unlocking new capacities to defend patients' access to care and expand the efforts they have begun."

"The President's Executive Order was a good place to start, but not a good place to stop," said Congresswoman Lizzie Fletcher. "We have a public health emergency in Texas and other states that have raced to outlaw access to abortion care that has become a national public health crisis. To respond effectively, we need to use every tool available to protect patients and health care providers, and declaring a public health emergency provides valuable tools. I am glad to partner with Congressman Doggett in this effort to respond to the crisis facing Texans and all Americans."

In their letter, the Members write: "As we have experienced during the COVID-19 pandemic, a public health emergency declaration can provide significant new authority and flexibility for a federal emergency response." They also note: "Health experts warn that in the aftermath of this disastrous ruling, the U.S. maternal mortality rate -- which is already the highest in the developed world -- is certain to rise, with disproportionate impacts on communities of color."

"The Supreme Court's cruel decision has pushed the abortion rights and access crisis in our country into overdrive, and we must take bold and immediate action to protect our freedom to make our own decisions about our families and futures," said NARAL Pro-Choice America President Mini Timmaraju. "Roughly half the states in our country are at risk of banning abortion, and extremist lawmakers are already enforcing bans in a growing number of states. We're grateful to Congressional Democrats--including Reps. Doggett and Fletcher who are leading this effort--for calling on the Biden administration's Department of Health and Human Services to declare a public health emergency in order to help safeguard access to medication abortion care. As millions of Americans face the fallout of this devastating decision, there's no time to waste in taking action."

"Abortion services have already ceased in at least eleven states, and that number is expected to grow dramatically, said Nancy Northup, President and CEO at the Center for Reproductive Rights. "This public health crisis is becoming more dire by the day. We are heartened that President Biden is taking action and has directed the Health and Human Services Department to do everything in its power to expand access to medication abortion. This should include HHS immediately declaring a public health emergency and using the emergency powers of the Public Readiness and Emergency Preparedness Act (PREP Act) to protect access to abortion for as many people as possible."

Read the full letter here or below:

Dear President Biden and Secretary Becerra,

We write you to respectfully urge to issue a national emergency declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, known as the "Stafford Act," and a Public Health Emergency declaration on abortion access pursuant to your authority under section 319 of the Public Health Service Act and the Public Readiness and Emergency Preparedness Act (PREP Act). We further call on you to use your authorities under the PREP Act to help ensure continued access to medication abortion across the country.

The Supreme Court's radical and dangerous decision in Dobbs v. Jackson Women's Health Organization has precipitated a full-scale reproductive health crisis across our nation. It has also plunged our health system into a state of uncertainty and upheaval that threatens patients' lives.

Abortion bans can unnecessarily impede lifesaving medical procedures in the event of pregnancy complications or loss. Health experts warn that in the aftermath of this disastrous ruling, the U.S. maternal mortality rate -- which is already the highest in the developed world -- is certain to rise, with disproportionate impacts on communities of color.

The impacts of this ruling are not limited to health systems in states where abortion is now illegal. In making your determination about issuing a Public Health Emergency declaration, we urge you to also consider the spillover effects of state laws banning abortion on the health systems in neighboring states that protect the legal right to abortion. Abortion providers have reported that patients in need of abortion are seeking care in other states, causing unprecedented strain on limited resources and delaying care for residents.

As we have experienced during the COVID-19 pandemic, a public health emergency declaration can provide significant new authority and flexibility for a federal emergency response. Relevant activities may include but are not limited to Public Health Services Corps team deployments, Medicaid State Plan Amendment flexibilities to support safe-haven states, and the ability to accelerate access to new medications authorized for abortion.

We respectfully urge you to quickly issue a National Emergency and Public Health Emergency declaration and use your authority under the PREP Act to protect abortion access.

Thank you for your attention to this issue.

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