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Texas Democrats urge Biden to take action to allow medication abortions via telehealth

A group of Democratic elected officials and abortion rights advocacy groups are calling on President Joe Biden to step in to allow telehealth medication abortions in Texas.

A letter signed by over 50 U.S. representatives, Texas state senators and representatives and abortion advocacy groups explains five legal strategies they believe the Biden administration could take to override Texas state laws that ban almost all abortions.

The group is focusing on telehealth medication abortions, which is approved by the Food and Drug Administration.

Even before the fall of Roe vs. Wade last month, Texas and 18 other states have laws prohibiting medication abortions through telehealth, according to the Guttmacher Institute. In Texas, medication abortions are banned beginning at seven weeks of pregnancy, and the patient must be in the physical presence of the person making the prescription.

These are the actions the group seeks from Biden:

  • Declare a public health emergency to protect telehealth abortion providers.
  • Support telehealth providers and abortion funds.
  • Establish a program for providers who are federal employees or contractors to volunteer to provide telehealth abortions.
  • Use federal supremacy to override Texas law that bans the use of FDA-approved medication abortion.
  • Protect providers in and outside of Texas from being sued by the state.

Greg Casar, a Democrat running for the 35th Congressional District, led the charge on devising the strategies.

“While we know that there are many Texans who will be forced to travel out of state, we know most working-class Texans are not able to take multiple days off work and travel the hundreds of miles necessary to access their basic right,” Casar said.

He said the executive branch has the federal jurisdiction over the mail, and FDA-approved medications, to step in.

“I think it’s up to the Biden administration to challenge those unconstitutional laws and protect those providers who are sending federally approved medication by federal mail,” he said.

Casar was joined by former state Sen. Wendy Davis, U.S. Reps. Sylvia Garcia and Al Green, and several other lawmakers and abortion advocacy groups at a news conference announcing the group’s proposal at the Texas Democratic Convention in Dallas.

Davis, who gained national recognition in 2013 for her filibuster in support of abortion rights, said Texans are being denied resources to travel out of state for abortions, and in some cases, are refused abortions because providers fear legal liability.

“I’m very happy and proud to have worked with the people standing here today to put together what we know is a path forward to help Texans in this moment of crisis,” Davis said.

Biden has already taken some executive action to protect abortion access. The president issued an executive order on July 7 that took limited actions, including expanding access to contraception.

He has also said he is considering declaring a public health emergency, which would free up federal resources for abortion access.

The administration also issued guidance to hospitals last week, saying federal regulations require hospitals to provide abortions if necessary to save a woman’s life.

Texas Attorney General Ken Paxton challenged the administration’s order, arguing it would turn “every emergency room in the country in to a walk-in abortion clinic.”

Caroline Duble, political director for advocacy organization Avow Texas, said there are certain to be legal challenges to any executive action Biden takes on abortion in Texas.

“We fully expect that, which means that it might get delayed or caught up in the courts,” Duble said. “But by taking this step, the Biden administration would be showing us that he’s willing to take immediate action and stick his neck out in this absolute public health crisis and emergency to do everything he can to support Texans right now.”

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