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Biden May Try to Circumvent Court Again if ‘Roe’ Overturned

May declare a 'national public health emergency' in the event of 'surges at clinics in border states where abortion remains legal....'

(Tony Sifert, Headline USA) President Joe Biden and his advisors are preparing to use big government and lawfare tactics to foment medical civil war across the United States in the event of a Supreme Court ruling overturning Roe v. Wade, according to a report from the New York Times.

The Times reported that the Biden administration is considering a number of proposals that would circumvent state law where abortions are outlawed, effectively creating federally-supported abortion zones throughout the country, and perhaps using the Food and Drug Administration to pre-empt state laws.

Among the proposals is the likely declaration of a “national public health emergency” in the event of “surges at clinics in border states where abortion remains legal.”

Such a declaration would allow Biden to invoke old laws that protect abortionists from liability for practicing their trade in states where they are unlicensed, said the Times.

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The administration is also mulling empowering the FDA to distribute medical abortion pills even in states where abortion is illegal.

Both moves, however, “would rely on aggressive interpretations of the power Congress granted those agencies, and are likely to draw immediate court challenges,” the Times reported.

In an interview with ABC, John Yoo, a former deputy attorney general under the George W. Bush administration, suggested that Biden should stick to the power he already possesses over Medicare, Medicaid and the federal insurance exchanges.

“I don’t think those [steps] could pre-empt state laws that make it criminal to carry out abortion, but would provide federal support once [a person] could get to a state where abortion was legal,” said Yoo.

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As it faces electoral doom in the midterms, the administration is getting desperate.

In White House remarks delivered by Vice President Kamala Harris, women who use apps that track menstrual cycles were warned that their data could be tracked and used for criminal prosecutions in red states.

“In states where abortion is criminalized, an abuser could purchase a woman’s location history through a data broker,” Harris claimed. “He could then turn it over to law enforcement in a jurisdiction that has deemed that a crime.”

Biden has several times attempted to flout the high court’s ruling—most notably by openly defying a decision last year that called for the end to a pandemic-era eviction moratorium.

I went ahead and did it,” Biden boasted after weaponizing the Centers for Disease Control and Prevention in a bid to defy the rule of law.

“I can’t guarantee you the Court won’t rule if we don’t have that authority, but at least we’ll have the ability, if we have to appeal, to keep this going for a month at least,” he added. “I hope longer than that.”

He as taken a similar approch on both vaccine mandates and his administration’s open-border policies, hoping that he can tie up enforcement of the law in courts long enough for each to become a moot point.

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