WASHINGTON — Today, the Congressional Progressive Caucus released an agenda for executive and legislative action to address the crisis of abortion access, reproductive freedom, and other rights threatened by the Supreme Court decision in Dobbs v. Jackson Women’s Health Organization. The call to action from the 100-member caucus comes upon House of Representatives passage of the Women’s Health Protection Act, legislation led by CPC member Representative Judy Chu (CA-27) to codify the right to abortion in federal law for the second time this Congress, and legislation to protect the right to travel for abortion care, as the impact of the Supreme Court’s ruling to overturn the constitutional protection for abortion ripples across the country.
In the weeks since the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization ending constitutional protections for abortion, Congress and the Biden administration have taken essential steps to respond. In addition to the two bills passed in the House today, President Biden, Attorney General Garland, and Secretary Becerra have taken action on a number of fronts. The Department of Justice issued guidance that states cannot ban medication abortion in contradiction to the FDA’s expert opinion, and designated a reproductive rights task force headed by Assistant Attorney General Gupta. The Department of Health and Human Services clarified that retail pharmacies cannot refuse patients reproductive health care medications, is convening volunteer lawyers to provide legal services to patients and providers seeking or performing abortion care, and issued guidance to ensure no one experiencing pregnancy complications is turned away from lifesaving emergency medical treatment.
The CPC’s new Reproductive Freedom Action Agenda presents a roadmap for the work ahead. It calls for specific action to protect existing access to abortion and to expand it to residents of states that have already or will soon ban care: allowing doctors to prescribe medication abortion via telehealth across state lines, protecting the safety and security of abortion providers, and lifting the ban on military facilities providing abortion. The Caucus pushes for Congress to shore up rights and protections that have been threatened by the decision: codifying the right to contraception, same-sex marriage, and same-sex intimacy. It also calls for the Biden administration to declare a public health emergency on abortion access.
Representative Pramila Jayapal (WA-07), chair of the Congressional Progressive Caucus, said: “The consequences of the Supreme Court’s decision to end the constitutional right to abortion have been immediate and widespread: abortion clinics have been forced to close, patients made to cross state lines for care, and the health and safety of pregnant people facing miscarriages or ectopic pregnancies has been threatened. Millions across the country are facing fear and uncertainty. Access to abortion has reached crisis level — and it demands a response from Congress and the Biden administration that meets this moment.
“We were proud to help the House pass the Women’s Health Protection Act, legislation led by progressives, for the second time today to enshrine the right to abortion in federal law, and to protect the right to travel for abortion care. We commend the President, Attorney General Garland, and Secretary Becerra for the steps they have taken thus far. Now, the Progressive Caucus is releasing an agenda for the work ahead. These concrete steps constitute a whole-of-government response to expand access to essential health care, operationalize the administration’s key regulatory and other authorities, and protect the fundamental rights threatened by the Dobbs opinions — including reforming the filibuster, the only way to ensure we enshrine abortion and other rights into law. The fight to guarantee freedom, dignity, and human rights for all will, and must, continue.”
The Progressive Caucus agenda was developed in consultation with movement partners, and includes three areas of policymaking:
Abortion Access Executive Actions:
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Declare a public health emergency for reproductive health care access
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Allow licensed health providers to practice interstate telehealth for the prescription of medication abortion
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Ensure readiness of providers and pharmacies to dispense medication abortion after FDA removal of restrictions is finalized
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Ensure no one is denied contraception or other medications that are inaccurrately portrayed as abortion-inducing
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Aid individuals accessing abortion care across state lines by providing funds to pay for transportation, lodging, child care, and other costs associated with travel
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Explore the use of federal property and resources to expand abortion access while ensuring the safety of patients and providers
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Assert the supremacy of federal law where states try to restrict ability to travel for reproductive care, access to medication abortion, and to criminalize pregnancy related complications such as miscarriage
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Ensure undocumented people and those assisting them can travel to access abortion care without risk of detention and deportation
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Protect the right to abortion care without delay of those held in federal custody — no matter the state — including by ICE, Customs and Border Protection, Office of Refugee Resettlement, and the Bureau of Prisons
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Require the provision of abortion care as a condition of participation for hospitals in Medicare
Abortion Access Legislative Actions
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End the Hyde Amendment and bans on federal spending and insurance coverage for abortion care
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Increase Funding for Title X clinics to expand access to family planning care
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Protect the right to interstate travel for abortion care
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Protect the privacy and security of personal reproductive health data
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Support the safety and security needs of reproductive health care providers and support staff
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Lift the ban on the use of military facilities and funding for abortion care
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Protect organizations and individuals who help people afford and access abortions from civil or criminal actions, including for out-of-state care.
Legislative Actions in Response to Dobbs and the Supreme Court
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End or reform the filibuster to ensure reproductive rights legislation becomes law
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Enshrine the right to contraception in federal law
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Enshrine the right to same-sex marriage in federal law
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Codify the right to privacy and same-Sex intimacy in federal law
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Institute key ethics reforms for the Supreme Court
The Progressive Caucus also called for continued work to advance reproductive justice and protect health care. It named congressional action to address in the maternal health and mortality crisis and end disparities by passing the Black Maternal Health MOMNIBUS Act, secure Medicaid for postpartum parents, protect pregnant workers by passing the Pregnant Worker Fairness Act, finally deliver paid leave for all, and protect health care for transgender individuals as key to that mission.
This new slate builds on the broader slate of executive action agenda of policies designed to raise wages, lower costs, and advance equity and justice the Progressive Caucus released in March. The Biden administration has already made progress on a number of those asks, including on renewable energy production, health care, policing, environmental justice, and more.Related Files
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CPC Reproductive Freedom Agenda 2022 -
CPC Reproductive Freedom Action Agenda 2022 (1).pdf (57.8 KBs)
In the weeks since the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization ending constitutional protections for abortion, Congress and the Biden administration have taken essential steps to respond. The House of Representatives passed the Women’s Health Protection Act, legislation led by progressives, for the second time to enshrine the right to abortion in federal law, and to protect the right to travel for abortion care. The President, Attorney General Garland, and Secretary Becerra have taken action on a number of fronts. The Department of Justice issued guidance that states cannot ban medication abortion in contradiction to the FDA’s expert opinion and designated a reproductive rights task headed by Assistant Attorney General Gupta at DOJ. The Department of Health and Human Services clarified that retail pharmacies cannot refuse patients reproductive health care medications, are convening volunteer lawyers to provide legal services to patients and providers seeking or performing abortion care, and issued lifesaving guidance to ensure no one experiencing pregnancy complications is turned away from lifesaving emergency medical treatment. The CPC’s new Reproductive Freedom Action Agenda presents a roadmap for the work ahead. It is centered on executive and legislative actions that directly respond to the crisis of abortion access caused by the extremist Supreme Court majority in its Dobbs decision, and the threats to further due process rights named in Justice Thomas’ concurrence. Developed in consultation with movement partners, this is an agenda for Congress and the Biden administration specific to this moment — but is not meant to represent the full scope of the work ahead. We must continue this work, including to: address in the maternal health and mortality crisis and end disparities by passing the Black Maternal Health MOMNIBUS Act, secure Medicaid for postpartum parents, protect pregnant workers by passing the Pregnant Worker Fairness Act, finally deliver paid leave for all, and protect health care for transgender individuals. The fight to guarantee freedom, dignity, and human rights for all will, and must, continue.
