Biden White House Says Roe Decision Was 'Unconstitutional'

Biden White House Says Roe Decision Was 'Unconstitutional'


Karine Jean-Pierre told reporters on Wednesday that the Supreme Court’s decision in June to overturn Roe v Wade was “unconstitutional,” and said that the executive order signed by President Biden would not violate the Hyde amendment.

“From day one, when the Supreme Court made this extreme decision to take away a constitutional right, it was an unconstitutional action by them, a right that was around for almost 50 years, a right that women had to make a decision on their bodies and how they want to start their families…” Karine Jean-Pierre said during the press scrum.

Jean-Pierre was then asked how using Medicaid to pay for travel expenses to have an abortion would not be violating the Hyde amendment.

“On the proposal to have Medicaid fund travel expenses for women seeking an abortion, how would that not violate Hyde if it’s using taxpayer dollars to pay for abortions?” she was asked.

“We follow the law here,” said Jean-Pierre.

A senior Biden administration official told ABC News that the executive order would allow the Secretary of Health and Human Services Xavier Becerra would be able to “invite states to apply for Medicaid waivers, so that states, where abortion is legal, could provide services to people traveling from a state where abortion may be illegal to seek services in their state.”

The Hyde Amendment would prevent this, as it blocks federal funding from going to abortions. States may, however, use their own funding to pay for abortions for those with Medicaid insurance.

In a follow-up question, Jean-Pierre was asked: ” Catholic bishops say the administration is trying to force doctors and nurses to perform procedures that go against their religious beliefs, including gender transition surgery and abortion.  Does the President believe in conscience rights and religious freedom for healthcare professionals?

She responded “So, I thought that’s what you were asking me in your first question.  It’s basically the same as I just laid out, which is, like, federal law makes clear — right? — that doctors must provide women emergency medical care, including abortion services, to stabilize facing health and life-threatening conditions.”

Her previous comments were that “federal law makes clear doctors must provide women emergency medical care, including abortion services, to stabilize women facing [health] and life-threatening conditions.

“We are working to ensure that pregnant women whose life and lives are in serious jeopardy receive the care that they need.

“This is what it is.  This is what we’re trying to do.  This is what the President has promised that he would — he would do.

“But under that same federal law, there are exceptions for moral — to your point, Owen — or religious objections to provide particular medical services.  So, nothing in today’s EO impacts those exceptions.  So there are exceptions there,” she said.


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