Statement on Alleged Draft Supreme Court Opinion Re: Roe v. Wade from Health and Human Services Secretary Xavier Becerra

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Today, Health and Human Services Secretary Xavier Becerra released the following statement on the heels of a Politico report, claiming to include a draft Supreme Court opinion on Roe v. Wade --

Patients make their own decisions about their own bodies. That’s their right.

I strongly believe in protecting and promoting access to health care — that includes sexual and reproductive health care, and that includes safe and legal abortion care. 

Abortion remains legal today and patients can access care. The laws we have seen coming out of states that deny care are dangerous.

HHS has taken several meaningful actions under the Biden-Harris Administration to protect and bolster reproductive health, rights, and justice, including:

  • On the eve of the 49th anniversary of Roe v. Wade, the Department launched the first-ever HHS Task Force on Reproductive Healthcare Access with the primary goal of facilitating collaborative, innovative, transparent, equitable, and action-oriented approaches to protect and bolster sexual and reproductive health.
  • The Department issued a new final rule for Title X, the nation’s family planning program, to ensure access to equitable, affordable, client-centered, quality family planning services.
  • The Department awarded $256.6 million in grant funding to restore access to Title X services nationwide and fill service gaps caused by more than a quarter of Title X providers withdrawing from the program over the past two and a half years in response to the previous administration’s Title X rule.
  • The Department announced $6.6 million through the Title X family planning program to address the demand for family planning services where restrictive laws and policies have impacted reproductive health access, or in states where there is a lack of or limited Title X
  • The Department has issued guidance on both nondiscrimination requirements of the Church Amendments protecting health care providers through its Office for Civil Rights and providers’ legal obligations and protections under the Emergency Medical Treatment and Labor Act (EMTALA) through the Centers for Medicare & Medicaid Services to provide medical treatment to a pregnant patient who presents to the emergency department regardless of conflicting state laws or mandates that might seek to prevent such treatment.

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