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Biden labels Supreme Court ruling on Roe v. Wade ‘a sad day for court’

“Imagine, woman having to carry a child that’s a consequence of incest, with no option” to terminate the pregnancy, Biden said

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President Biden speaks to Americans after Supreme Court overturns Roe v. Wade (Screenshot/YouTube)

WASHINGTON – Just after the Supreme Court’s conservative majority moved to overturn the constitutional right to abortion on Friday in a 6-3 ruling, President Joe Biden vowed to protect American women from prosecution for traveling to other states to terminate their pregnancies. 

Thirteen states have made or will soon make abortion illegal, some without exceptions for rape and incest, following today’s ruling. After a draft of that ruling was leaked in May, some state legislatures considered bills to prevent women from circumventing their restrictions on abortion. 

“If any state or local official high or low tries to interfere with a woman exercising her basic right to travel, I will do everything in my power to fight that unamerican attack,” Biden said. 

Delivering his remarks from the Great Cross Hall of the White House, the President looked visibly upset, particularly when discussing the extreme abortion bans in some states that will now be allowed to go into effect. 

“They are so extreme that women can be punished for protecting their health; that some women and girls will be forced to bear their rapists’ child,” Biden said. It was at this point that he appeared to go off-script to share his personal feelings on the ruling and its implications. “It just stuns me,” he said. “Imagine, woman having to carry a child that’s a consequence of incest, with no option” to terminate the pregnancy.

Biden called for those who share his anger and outrage – many who gathered on the steps of the Supreme Court in protest – to remain peaceful. He urged Americans to vote to give Democrats in Congress the majority that will be necessary for them to codify the constitutional right to abortion first established by the Supreme Court’s 1973 ruling in Roe v. Wade and overturned today with the decision in Dobbs v. Jackson Women’s Health.

Biden warned of the “dangerous path the court is taking us on,” pointing to Justice Thomas’s comments in the decision that “In future cases, we should reconsider all of this court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell.” 

Should the court revisit the precedents established by those cases, it could mean constitutional protections for the return of laws banning birth control, sodomy and same-sex marriage. 

Biden noted Americans’ constitutional right to abortion was affirmed in multiple decisions by the Supreme Court, endorsed by justices who were appointed by presidents from both parties. 

“It was three justices named by one president, Donald Trump, who were the core of today’s decision to upend the scales of justice and eliminate a fundamental right for women in this country,” Biden said.

President Biden speaks on Supreme Court decision to overturn Roe v. Wade:

Full transcript:

REMARKS BY PRESIDENT BIDEN
ON THE SUPREME COURT DECISION
TO OVERTURN ROE V. WADE

Today is a — it’s not hyperbole to suggest a very solemn moment.  Today, the Supreme Court of the United States expressly took away a constitutional right from the American people that it had already recognized.

They didn’t limit it.  They simply took it away.  That’s never been done to a right so important to so many Americans.

But they did it.  And it’s a sad day for the Court and for the country.

Fifty years ago, Roe v. Wade was decided and has been the law of the land since then.

This landmark case protected a woman’s right to choose, her right to make intensely personal decisions with her doctor, free from the inter- — from interference of politics.

It reaffirmed basic principles of equality — that women have the power to control their own destiny.  And it reinforced the fundamental right of privacy — the right of each of us to choose how to live our lives.

Now, with Roe gone, let’s be very clear: The health and life of women in this nation are now at risk.

As Chairman and Ranking Member of the Senate Judiciary Committee, as Vice President and now as President of the United States, I’ve studied this case carefully.  I’ve overseen more Supreme Court confirmations than anyone today, where this case was always discussed.

I believe Roe v. Wade was the correct decision as a matter of constitutional law, an application of the fundamental right to privacy and liberty in matters of family and personal autonomy.

It was a decision on a complex matter that drew a careful balance between a woman’s right to choose earlier in her pregnancy and the state’s ability to regulate later in her pregnancy.  A decision with broad national consensus that most Americans of faiths and backgrounds found acceptable and that had been the law of the land for most of the lifetime of Americans today.

And it was a constitutional principle upheld by justices appointed by Democrat and Republican Presidents alike. 

Roe v. Wade was a 7 to 2 decision written by a justice appointed by a Republican President, Richard Nixon.  In the five decades that followed Roe v. Wade, justices appointed by Republican Presidents — from Eisenhower, Nixon, Reagan, George W. [H.W.] Bush — were among the justices who voted to uphold the principles set forth in Roe v. Wade.

It was three justices named by one President — Donald Trump — who were the core of today’s decision to upend the scales of justice and eliminate a fundamental right for women in this country.

Make no mistake: This decision is the culmination of a deliberate effort over decades to upset the balance of our law.  It’s a realization of an extreme ideology and a tragic error by the Supreme Court, in my view.

The Court has done what it has never done before: expressly take away a constitutional right that is so fundamental to so many Americans that had already been recognized.

The Court’s decision to do so will have real and immediate consequences.  State laws banning abortion are automatically taking effect today, jeopardizing the health of millions of women, some without exceptions. 

So extreme that women could be punished for protecting their health.

So extreme that women and girls who are forced to bear their rapist’s child — of the child of consequence. 

It’s a — it just — it just stuns me. 

So extreme that doctors will be criminalized for fulfilling their duty to care.

Imagine having — a young woman having to ch- — carry the child of incest — as a consequence of incest.  No option. 

Too often the case that poor women are going to be hit the hardest.  It’s cruel.

In fact, the Court laid out state laws criminalizing abortion that go back to the 1800s as rationale — the Court literally taking America back 150 years. 

This a sad day for the country, in my view, but it doesn’t mean the fight is over.

Let me be very clear and unambiguous: The only way we can secure a woman’s right to choose and the balance that existed is for Congress to restore the protections of Roe v. Wade as federal law.

No executive action from the President can do that.  And if Congress, as it appears, lacks the vote — votes to do that now, voters need to make their voices heard.

This fall, we must elect more senators and representatives who will codify a woman’s right to choose into federal law once again, elect more state leaders to protect this right at the local level.

We need to restore the protections of Roe as law of the land.  We need to elect officials who will do that.

This fall, Roe is on the ballot.  Personal freedoms are on the ballot.  The right to privacy, liberty, equality, they’re all on the ballot. 

Until then, I will do all in my power to protect a woman’s right in states where they will face the consequences of today’s decision.

While the Court’s decision casts a dark shadow over a large swath of the land, many states in this country still recognize a woman’s right to choose.

So if a woman lives in a state that restricts abortion, the Supreme Court’s decision does not prevent her from traveling from her home state to the state that allows it.  It does not prevent a doctor in that state — in that state from treating her.

As the Attorney General has made clear, women must remain free to travel safely to another state to seek the care they need.  And my administration will defend that bedrock right. 

If any state or local official, high or low, tries to interfere with a woman’s ex- — exercising her basic right to travel, I will do everything in my power to fight that deeply un-American attack.

My administration will also protect a woman’s access to medications that are approved by the Food and Drug Administration — the FDA — like contraception, which is essential for preventative healthcare; mifepristone, which the FDA approved 20 years ago to safely end early pregnancies and is commonly used to treat miscarriages.

Some states are saying that they’ll try to ban or severely restrict access to these medications. 

But extremist governors and state legislators who are looking to block the mail or search a person’s medicine cabinet or control a woman’s actions by tracking data on her apps she uses are wrong and extreme and out of touch with the majority of Americans.

The American Medical Association and the American College of Obstetricians and Gynecologists wrote to me and Vice President Harris stressing that these laws are not based on — are not based on evidence and asking us to act to protect access to care.  They say by limiting access to these medicines, maternal mortality will climb in America.  That’s what they say.

Today, I’m directing the Department of Health and Human Services to take steps to ensure that these critical medications are available to the fullest extent possible and that politicians cannot interfere in the decisions that should be made between a woman and her doctor.  And my administration will remain vigilant as the implications of this decision play out.

I’ve warned about how this decision risks the broader right to privacy for everyone.  That’s because Roe recognized the fundamental right to privacy that has served as the basis for so many more rights that we have come to take — we’ve come to take for granted that are ingrained in the fabric of this country: the right to make the best decisions for your health; the right to use birth control — a married couple — in the privacy of their bedroom, for God’s sake; the right to marry the person you love. 

Now, Justice Thomas said as much today.  He explicitly called to reconsider the right of marriage equality, the right of couples to make their choices on contraception.  This is an extreme and dangerous path the Court is now taking us on. 

Let me close with two points. 

First, I call on everyone, no matter how deeply they care about this decision, to keep all protests peaceful.  Peaceful, peaceful, peaceful.  No intimidation.  Violence is never acceptable.  Threats and intimidation are not speech.  We must stand against violence in any form regardless of your rationale.

Second, I know so many of us are frustrated and disillusioned that the Court has taken something away that’s so fundamental.  I know so many women are now going to face incredibly difficult situations.  I hear you.  I support you.  I stand with you. 

The consequences and the consensus of the American people — core principles of equality, liberty, dignity, and the stability of the rule of law — demand that Roe should not have been overturned.

With this decision, the conservative majority of the Supreme Court shows how extreme it is, how far removed they are from the majority of this country.  They have made the United States an outlier among developed nations in the world.  But this decision must not be the final word.

My administration will use all of its appropriate lawful powers.  But Congress must act.  And with your vote, you can act.  You can have the final word.  This is not over.

Thank you very much.  I’ll have more to say on this in weeks to come.  Thank you.

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The White House

Biden executive order to bolster efforts to secure release of Americans detained abroad

Brittney Griner remains detained in Russia

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President Joe Biden (Screenshot from C-SPAN)

President Joe Biden on Tuesday signed an executive order that will bolster his administration’s efforts to secure the release of Americans who are detained or being held hostage abroad.

The executive order, which is based on the 2020 Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act, a retired FBI agent who Iranian authorities arrested in 2007, reinforces what a press release describes as “the administration’s tool kit in key ways.”

  • Reinforces the U.S. government’s efforts to support families of Americans wrongfully detained or held hostage overseas;
  • Authorizes agencies to impose costs and consequences, including financial sanctions, on those who are involved, directly or indirectly, in hostage-taking or wrongful detentions to support expanded and ongoing interagency efforts; 
  • Directs relevant parts of the U.S. government to bolster their engagement and sharing of relevant information, including intelligence information, consistent with the protection of sources and methods, with families regarding their loved ones’ status and U.S. Government efforts to secure their release or return, as appropriate; and
  • Charges experts across the interagency to develop options and strategies to deter future hostage-taking and wrongful detentions.

“It reaffirms the fundamental commitment of the president of the administration to bring home those Americans held hostage (and) wrongfully detained abroad,” said senior administration on Monday during a conference call with reporters.

Another senior administration official added the executive order “reinforces U.S. government efforts to support the families of Americans wrongfully detained or held hostage overseas by directing parts of the federal government to bolster their engagement with such families and their sharing of relevant information, including intelligence information, with families regarding their loved one’s status, and the government’s efforts to secure their release or their return.”

“This EO (executive order) reflects the administration’s commitment not just to the issues generally, but to the families in particular and it has been informed by the government’s regular engagements with them and other stakeholders who have and continue to undertake important constructive advocacy efforts on behalf of their loved ones,” they said. “President Biden and those across the administration will now draw on this EO to advance our efforts and we hope to do so in an active conversation with family members and outside stakeholders.”

The executive order also creates a “D” indicator in the State Department’s travel advisories that notes the countries in which American citizens are at risk for “wrongful detention.” Burma, China, Iran, North Korea, Russia and Venezuela are the first six countries named. 

“We’re committed to provide us citizens with comprehensive safety and security information about foreign countries so they can make informed travel decisions before they before they head overseas,” said another senior administration official during Monday’s conference call. “The United States opposes wrongful detention and the practice of using individuals as political bargaining chips everywhere. These practices we know represent a threat to the safety of all US citizens traveling and living abroad.”

Biden signed the executive order against the backdrop of WNBA star Brittney Griner’s continued detention in Russia.

Brittney Griner (Photo by Kathclick via Bigstock)

Officials at Moscow’s Sheremetyevo Airport in February detained Griner — a Phoenix Mercury center and two-time Olympic gold medalist who is a lesbian and married to her wife, Cherelle Griner, — after customs inspectors allegedly found hashish oil in her luggage. 

The State Department has determined that Russia “wrongfully detained” her.

Griner’s trial, which began on July 1, continues, even though she has pleaded guilty to charges that she smuggled drugs into the country. The White House is under increased pressure from Griner’s wife and family, teammates and LGBTQ activists to secure her release.

A senior administration official on Monday’s call did not directly respond to a question about how the executive order will help secure Griner’s release.

“There are a number of ways in which it would affect cases like that case in the wrongful detainee category,” said the official. “The executive order directs those across the executive branch to share consistent accurate information with the families of those who are deemed wrongfully detained, to ensure that they receive support and assistance throughout the ordeal, and to work with parts of our government to try to impose costs on those responsible.”

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The White House

Jill Biden addresses LGBTQ donors at Equality PAC fundraiser

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Jill Biden urged action an Equality Act fundraiser.

First lady Jill Biden expressed solidarity with members of the LGBTQ community Monday at a D.C.-based fundraiser hosted by the Equality PAC, urging action amid fears same-sex marriage is under threat in the wake of the U.S. Supreme Court ruling overturning Roe v. Wade.

“Right now we’re fighting the battles we thought we had already won,” Jill Biden said. “And we don’t need to guess where the extremists are going next because they’ve already told us in the Dobbs decision.”

The Equality PAC is a congressional political action committee led by the openly gay and lesbian members of the U.S. House. Among the notables seen in attendance who spoke at the fundraiser were Reps. Mark Takano (D-Calif.) and David Cicilline (D-R.I.), who co-chair the caucus. The event was held at the Long View Gallery.

“Progress isn’t a line,” Jill Biden said. “It sometimes feels like an ocean, pushing forward and pulling back. But with time and persistence, the shore of injustice does wear away.”

Jill Biden touted President Biden’s actions on behalf of the LGBTQ community, pointing out he signed an executive order against anti-LGBT discrimination, ended the transgender military ban, and appointed LGBTQ federal officials. She also mentioned an executive order President Biden signed in June, which included new prohibitions on widely discredited conversion therapy.

The first lady closed the event urging action and expressing solidarity, although she momentarily tripped over the LGBTQ acronym.

“I want you to know that I will be there beside you every step of the way. It won’t be easy,” she said. “The legacy of the LGD – the LGBTQI community is a hope that has never been crushed.”

Takano also spoke at the event and said Equality PAC raised a total of $217,000 at the event and more than $10.8 million this cycle, envisioning wins for Democrats on Election Day despite expectations of Republican gains.

“We are going to keep our majority and I dare say we’re going to expand it,” Takano said.

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The White House

CDC on monkeypox: ‘We anticipate an increase in cases in the coming weeks’

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The head of the Centers for Disease Control said she expected the reported cases of monkeypox to increase.

Rochelle Walensky, director of the Centers for Disease Control & Prevention, warned on Friday the spread of monkeypox, an outbreak that has occurred primarily among gay and bisexual men, would increase in the coming weeks.

“Now as we closely monitor cases, I would like you all to understand that we anticipate an increase in cases in the coming weeks,” Walensky said in a conference call with top Biden administration health officials and reporters.

The increase, Walensky said, is due to three factors: 1) The CDC streamlining its reporting process to allow states to report new cases more quickly and accurately; 2) With more cases in the United States, an increase in the resulting exposure of these cases in the coming weeks; and 3) A significant increase in the number of people seeking laboratory tests and the number of specimens being submitted for testing.

Monkeypox cases in the United States, Walensky said, have reached 1,470 reported cases documented across 44 jurisdictions as of July 14.

Younger gay and bisexual men are primarily affected: The median age is 36 with a range of 18 to 76 years of age, and the vast majority of cases happen among those who identify as men who have sex with men based on demographic information local health departments provided to CDC, Walensky said.

The Biden administration on the same day Walensky disclosed the new data announced an order for another 2.5 million doses of Bavarian Nordic’s JYNNEOS vaccine to respond to the current monkeypox outbreak.

The vaccines, however, won’t arrive soon: According to the Department of Health & Human Services, they’re coming in 2023 as part of the plan for the U.S. government’s available supply of vaccine to reach 7 million by mid-2023, which would be several months after the outbreak has begun.

The Biden administration has been faulted for moving too slowly in responding to monkeypox in criticism reminiscent of inaction during the coronavirus and HIV/AIDS epidemics, including being too slow to distribute vaccines and make testing available. Monkeypox is transmitted by skin-to-skin contact, unlike the other two diseases, and isn’t fatal.

Walensky during the call acknowledged “the demand for vaccines from jurisdictions is higher than our current available supply,” but pushed back on other criticisms as “points of confusion where we’ve been hearing from the public, our partners and media.” The availability of tests, for example, is and has been meeting capacity, Walensky said.

“We have the testing capacity needed,” Walensky said. “We expanded the nation’s monkeypox testing capacity this week, and now have four commercial labs with combined capabilities along with CDC laboratory Response Network … we’ve gone from being able to test 6,000 samples a week to 70,000 samples per week. Having commercial lab testing for monkeypox will also make it more convenient for providers to access tasks by using existing providers to lab relationships, and we have not yet received anywhere near that demand of tests as our capacity now permits.”

Also during the call health officials announced efforts to work on delivery of 786,000 doses currently located in Denmark, which they said will be available pending FDA clearance by the end of July. The inability of the Biden administration to move the vaccines from Europe in a timely fashion has been a source of criticism of the FDA.

Peter Marks, director of the Center for Biologics Evaluation & Research at the FDA, pushed back on that criticism in response to a question from the Washington Blade, insisting the FDA had taken a timely approach to obtaining those vaccines.

“First of all … quite contrary to missing a chance for approval, FDA actively reached out using contacts with the Biomedical Advanced Research & Development Authority to actually move up the submission that was necessary and all of the other events that were necessary to get those doses to be able to be used from what was originally going to be this fall,” Marks said. “And we did that actually, pretty shortly after we realized there was a monkeypox outbreak.”

Marks also said the United States was unable to rely on the European Union’s certification of the vaccines because the FDA relies on its own safety protocols for approval of medication for use domestically.

“We do not in the United States recognize — we don’t have mutual recognition of vaccine inspections for initial licensure from other countries, and that’s because we have our quality standards that have to be maintained,” Marks said. “And we have with all due diligence to make sure that the necessary procedures were undertaken, so that these will be available before the end of July but these doses were originally not scheduled to be approved until sometime in the fall, and that was moved up.”

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