Security News: Justice Department Announces Reproductive Rights Task Force

The Justice Department announced today the establishment of the Reproductive Rights Task Force. The Task Force formalizes an existing working group and efforts by the Department over the last several months to identify ways to protect access to reproductive health care in anticipation of the possibility of the Supreme Court overturning Roe v. Wade and Planned Parenthood v. Casey. Associate Attorney General Vanita Gupta will chair the Task Force, which will consist of representatives from the Department’s Civil Division, Civil Rights Division, U.S. Attorney community, Office of the Solicitor General, Office for Access to Justice, Office of Legal Counsel, Office of Legal Policy, Office of Legislative Affairs, Office of the Associate Attorney General, Office of the Deputy Attorney General and Office of the Attorney General and will be supported by dedicated staff.

“As Attorney General Garland has said, the Supreme Court’s Dobbs decision is a devastating blow to reproductive freedom in the United States,” said Associate Attorney General Gupta. “The Court abandoned 50 years of precedent and took away the constitutional right to abortion, preventing women all over the country from being able to make critical decisions about our bodies, our health, and our futures. The Justice Department is committed to protecting access to reproductive services.”

The Task Force will monitor and evaluate all state and local legislation and enforcement actions that threaten to:

• Infringe on federal legal protections relating to the provision or pursuit of reproductive care;
• Impair women’s ability to seek reproductive care in states where it is legal;
• Impair individuals’ ability to inform and counsel each other about the reproductive care that is available in other states;
• Ban Mifepristone based on disagreement with the FDA’s expert judgment about its safety and efficacy; or
• Impose criminal or civil liability on federal employees who provide reproductive health services in a manner authorized by federal law.

The Task Force will identify such actions and coordinate appropriate federal government responses, including proactive and defensive legal action where appropriate. The Task Force will work with agencies across the federal government to support their work on issues relating to reproductive rights and access to reproductive healthcare. 

The Justice Department is working with external stakeholders such as reproductive services providers, advocates and state attorneys general. The Task Force will continue this important effort. It will also work with the Office of Counsel to the President to convene a meeting of private pro bono attorneys, bar associations and public interest organizations in order to encourage lawyers to represent and assist patients, providers and third parties lawfully seeking reproductive health services throughout the country. In order to assist attorneys working to protect access to comprehensive reproductive health services, the Task Force will centralize online legal resources, such as filed Justice Department legal briefs and information about the Freedom of Access to Clinic Entrances Act.

Recognizing that the best way to protect reproductive freedom is through congressional action, the Task Force will also coordinate providing technical assistance to Congress in connection with federal legislation to codify reproductive rights and ensure access to comprehensive reproductive services. It will also coordinate the provision of technical assistance concerning Federal constitutional protections to states seeking to afford legal protection to out-of-state patients and providers who offer legal reproductive healthcare.