“The constitutional right to abortion has never been more fragile than it is heading into 2022. The Supreme Court has allowed S.B. 8, Texas’ drastic — and clearly unconstitutional — ban on abortions after about six weeks of pregnancy, to remain in place for months, making Roe v. Wade virtually a dead letter in the state. Even worse, a Supreme Court decision that’s expected this summer is likely to either gut Roe or overturn the precedent altogether, paving the way for total abortion bans in about half the states around the country.
If the high court refuses to uphold abortion rights for all Americans and with Congress hopelessly stalemated over legislation that would codify a federal right to abortion, the Biden administration can and should act boldly to protect abortion access. But it will require some outside-the-box thinking — and a willingness to experiment with tactics that may well fail. If President Biden supports abortion as a critical right, as he has suggested, then he and his administration must take risks and get creative in pursuit of that goal. The anti-abortion movement has repeatedly pushed the envelope without fear of defeat. It’s time for activists and politicians who support abortion rights to do the same.”