Biden is under pressure to sign sweeping executive orders to protect abortion access, but advocates acknowledge that the bolder his response, the more likely it will face legal challenges. So what are his options?
has found that mifepristone, taken along with another drug, misoprostol, is a safe and effective alternative to an abortion in a clinic performed by a doctor.
There is some precedent that suggests the Biden administration could prevail, at least in the lower courts. In 2014,ruled that Massachusetts could not ban an opioid painkiller that had been approved by the F.D.A. If a challenge ended up before the nation's high court, she added,"I would be skeptical that this Supreme Court would accord federal agencies discretion and enlarge their power."
Abortion rights advocates outside Congress have also championed the idea of creating abortion clinics on federal property in states that ban abortion. But doing so would be an explosive move that would infuriate Republican governors and state lawmakers, which may give Biden pause. Biden could seek to expand protections that exist under some so-called interstate shield laws that protect providers in states where abortion is not strictly regulated who give abortion care to patients in states where the service is restricted or mostly outlawed.
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