WASHINGTON, D.C.—On Friday, President Donald J Trump signed an Executive Order ending the use of federal taxpayer dollars to fund or promote elective abortion.
“These are just some of the first of many attacks on reproductive health care we can expect to see from the Trump administration—Democrats will fight back every way we can, but we need everyone to raise their voices to prevent these blatant attacks from going unnoticed, or worse, becoming normalized,” Senator Patty Murray (D-WA) released in statement on the signing of the EO repealing Biden-era abortion policies. Murray is a senior member and former Chair of the Senate Health, Education, Labor and Pensions (HELP) Committee.
The Executive Order recognizes that, for nearly five decades, Congress has enacted the Hyde Amendment and a series of additional laws to protect taxpayers from being forced to pay for abortion. The Biden Administration, through two Executive Orders, embedded federal funding of elective abortion into a wide variety of government programs.
An elective abortion is a pregnancy termination that is performed by choice, not for medical reasons. It’s also known as a voluntary abortion.
President Trump on Friday rescinded the following two executive orders from President Joe Biden that he claims violated the Hyde Amendment: Executive Order 14076 of July 8, 2022; and Executive Order 14079 of August 3, 2022.
Biden era Executive Order 14076 imposed a whole-of-government effort to promote and fund abortion and to politicize enforcement of the Freedom of Access to Clinic Entrances (FACE) Act. However, federal statutes protecting access to emergency medical care for pregnant women under the Emergency Medical Treatment and Labor Act (EMTALA) and protecting personal health information under the Health Insurance Portability and Accountability Act (HIPAA) remain in full effect.
Executive Order 14079, rescinded by Trump on Friday, recategorized abortion as “healthcare” to provide taxpayer funding for elective abortions. This included using Medicaid funding to pay for travel costs for elective abortions.
Ending federal funding of abortion overseas
President Trump also signed a Presidential Memorandum reinstating the Mexico City Policy to stop the use of federal taxpayer dollars for abortion overseas. The President’s policy from 2017 is reinstated to ensure that no U.S. taxpayer money supports foreign organizations that perform or actively promote abortion in other nations.
During the first Trump Administration, this policy was extended to global health assistance. A 2020 report by the United States Agency for International Development found that this life-affirming policy in no way diminished women’s health around the world.
The Mexico City Policy or referred to as the “Global Gag Rule” by Democratic lawmakers, prevents foreign organizations receiving U.S. global health assistance from providing information, referrals, or services for legal abortion or advocating for access to abortion services in their country.
“There is nothing ‘pro-life’ about reinstating a policy that, during Trump’s first term, undermined lifesaving public health work, caused widespread fear and confusion among health workers, and led to worse health outcomes and more unsafe abortions,” said Senator Murray. “And in the wake of the Dobbs decision here at home, the Trump administration is also pulling back important executive orders that directed agencies to protect access to reproductive health services.”
Abortion, Washington state and Initiative 120
The U.S. Supreme Court on June 24, 2022, overturned the 50-year-old landmark Roe v. Wade decision, 6-3, that established a right of personal privacy protected by the Due Process Clause which include the right of a woman to determine whether or not to bear a child. This decision resulted in access to an abortion being a state issue, with some states implementing “trigger laws.”
On November 5, 1991, Washington voters approved initiative 120 (50.4% to 49.96%) declaring that a woman has a right to choose physician performed abortion prior to fetal viability (24 to 25 weeks into pregnancy).
The initiative made it Washington State public policy that:
- Every individual has the fundamental right to choose or refuse birth control;
- Every woman has the fundamental right to choose or refuse to have an abortion, except as specifically limited by this act;
- Except as specifically permitted by this act, the state shall not deny or interfere with a woman’s fundamental right to choose or refuse to have an abortion; and
- The state shall not discriminate against the exercise of these rights in the regulation or provision of benefits, facilities, services, or information.
Based on current Washington law, the overturning of Roe v. Wade will not have an immediate effect or impact. The state legislature in Washington would have the ability at any time to expand or prohibit the termination of a pregnancy.
Any action by the state legislature would need to be signed by the governor, who holds veto power. In Washington state, a governor can veto entire bills and entire sections of legislation. A veto by the governor can be overturned with two-thirds vote by the legislature.
Author: Mario Lotmore
