Many are calling on the Biden administration to declare a public health emergency for abortion in response to the Supreme Court’s Dobbs opinion overturning Roe v. Wade. RRebouche explains the strengths and limitations of the action:
, which provides federal preemption of state laws and immunity from lawsuits for those acting to address a declared public health emergency.spoke with leading reproductive health law scholar and Temple law professor Rachel Rebouché about the strengths and limitations of a public health emergency declaration for increasing access to abortion healthcare.
I worry that this would ultimately go before a court to decide if this was the appropriate use of the act, or whether the president and HHS had exceeded their powers. Courts could decide as a matter of statutory interpretation that these abortion medications are not countermeasures and that this is not an epidemic or pandemic.
The other risk is if this gets in front the Supreme Court and they decide to narrow or to block HHS from declaring public emergencies or deploying certain powers. That could have really bad effects for future epidemics—although the Supreme Court might do that anyway. And there are also costs, of course, to a decision by HHS not to intervene.
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