The Biden Administration's First 100 Days: Accomplishments, Shortcomings, and Next Steps

We have just passed 100 days of the Biden-Harris Administration! Christina Krysinski, Counsel and Senior Manager of Policy at NARAL Pro-Choice America sits down to talk with us about the reproductive health and rights victories achieved during this period, as well as what the administration can do more of to ensure health and rights for all.

In his second week in office, President Biden ended the Trump administration’s expanded global gag rule (also known as the Mexico City policy), and also began the process of restoring funding to the United Nations Population Fund (UNFPA) in order to restore access to sexual and reproductive health care around the world. The President also withdrew U.S. support for the Trump administration’s anti-choice, anti-LGBTQ Geneva Consensus Declaration, sending the message that the United States will no longer be a barrier to progress for reproductive freedom. Lastly, during the release of the State Department’s 2020 Country Reports on Human Rights Practices, Secretary of State Antony Blinken announced that the U.S. will resume reporting on reproductive rights.

Domestically, the Biden administration has also made significant strides in expanding and protecting sexual and reproductive health and rights. This month, the FDA announced that it will stop enforcing a restriction that would force people accessing medication abortion pills to do so in-person at a hospital, clinic, or doctor’s office for the duration of the pandemic. The administration proposed the ending of the Trump administration’s “domestic gag rule,” which prevented reproductive health providers that are funded by the nation’s Title X program from providing transparent and equitable care. The White House also officially established the Gender Policy Council, which will work to advance gender equity and sexual and reproductive health and rights. The administration has also appointed officials that are committed to protecting reproductive health and rights both globally and domestically, including the Vice President Kamala Harris, The Secretary of Health and Human Services Xavier Becerra, Assistant Secretary of Health Dr. Rachel Levine (the first openly transgender, Senate-confirmed federal official), United States Assistant Attorney General Venita Gupta, nominee for Assistant Attorney General for Civil Rights Kristen Clarke, Secretary of State Antony Blinken, UN Ambassador Linda Thomas-Greenfield, and USAID Administrator Samantha Power.

While the Biden administration has accomplished much for reproductive health and rights, there is still so much more that needs to be done. Many organizations and groups continue to call for an increased sense of urgency from the administration. President Biden and other federal officials have yet to say the word “abortion” in a public address; doing so recognizes the reality of the abortion access crisis and contributes to de-stigmatization on a national level. It’s also vital that the budget robustly funds reproductive health programs and ceases denial-of-care policies and funding bans. The administration can continue to fill important positions—including the FDA commissioner, the Ambassador-at-Large for Global Women’s Issues, Director for the HHS’ Office of Civil Rights, Deputy Assistant Secretary for Population Affairs at HHS, and more.

Links from this episode

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Population Institute 50 State Report Card on Reproductive Health and Rights

transcript

Jennie: Welcome to rePROs Fight Back, a podcast where we explore all things reproductive health, rights and justice. I'm your host, Jennie Wetter, and I'll be helping you stay informed around issues like birth control, abortion, sex education and LGBTQ issues and much, much more-- giving you the tools you need to take action and fight back. Okay, let's dive in.

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Jennie: Welcome to this week's episode. I'm your host, Jennie Wetter and my pronouns are she/her. So yeah, there has been a lot happening right now. Um, first some news from Population Institute, which is who sponsors our podcast. We have a new President and CEO who started yesterday. So I wanted to take an opportunity to give a great big warm welcome to Kathleen Mogelgaard. We are so excited to have her joining us as President and CEO. She was already actually with us as a senior fellow, so it's exciting to see her step up and become the new President and CEO, and we are all excited and can't wait to see what was going to be coming ahead. So welcome Kathleen, and just, we're really excited to have you with us. And then on the less exciting note, other things that have been happening is that there have been a huge, huge surge and attacks on abortion rights in the states. So oftentimes in the podcast, we focus a lot on the global level or talking about policy out of Congress. We don't always spend a ton of time on what's happening in the states. And it's really important because so much of the attacks on abortion access are happening at the state level. So we'll make sure to be talking about that more. And we'll talk about what has been happening more in depth than just this intro, but the numbers were really shocking and the Guttmacher Institute just released data on what has happened so far this year. And so if you want more information, definitely go to the Guttmacher Institute to see all of the details and all of the restrictions that have been either introduced or enacted. So as of April 29th…so last week states in the US have introduced 536 abortion restrictions this year since January-- 536. That is so many… y'all like, that is wild, on top of that, just thinking last week. So last week, April 26 through April 29th, states enacted 28 abortion restrictions-- enacted 28 abortion restrictions.

Jennie: That is so wild. And since the beginning of the, so since January 1st, 61 abortion restrictions have been enacted at the state level and alone, looking at Arkansas… Arkansas itself has enacted 20. There has been just so much happening around abortion access. And, you know, I feel like this year there's been so much attention, rightfully, paid on the just onslaught of attacks on trans rights at the state level. And that the abortion restrictions have kind of gotten a little under the radar this year, unless there's been something new or wild. Um, you know, you haven't heard about abortion restrictions at the state level in the same way, as we've heard about attacks on trans rights. And that's not to say we shouldn't be paying attention to trans rights because we absolutely should, like the attacks that are happening are not slowing down and they need to stop it. It's unconscionable. [As] someone who follows abortion rights [I] was pretty shocked to see 61 pieces have been enacted this year. I mean, 61 restrictions have been enacted this year. That is just kind of mind blowing. So, you know, if you want to see what those restrictions are and what ones have been introduced, Guttmacher has a tracker where you can see all of those things. If you go to their website, you can see what has been enacted so far this year. If you want to just kind of get an idea of what the lay of the land is and how states are attacking abortion rights and how your state is fairing, like how, how is access in your state and how does it compare to other states, you can actually go to our website. So populationinstitute.org/reportcard, and you'll see our 50 state report card [that] we do every year. And it will, you'll see how your state compares to others. I'm gonna tell y'all, there's a lot of red F's on that report card. When you look at the map, it is really striking how much red there is and how little blue, which is the A's. At some point, we'll probably do an episode talking about the report card, but y'all should go take a look at it and see how your state is varying. Um, chances are, it's not great. So with that, we'll talk about the other big milestone that happened last week. I know, like I said, there's so many things. So last week was also marked the first 100 days and of the Biden-Harris administration. So we wanted to take this time this week to talk about what they have done in the first 100 days for reproductive health and rights. So joining me today to do that is Christina Krysinski at NARAL. And I am so excited to have Christina with us today to talk about Biden's first 100 days in office. So with that, I will take you to my interview with Christina.

Jennie: Hi Christina. Thank you so much for being here today.

Christina: Thank you for having me. I am thrilled to be here. I’ve been a long, been a fan, but first time on.

Jennie: So before we get started, do you want to take a second and introduce yourself and include your pronouns?

Christina: Sure thing. So my name is Christina Krysinski. My pronouns are she/her and I am the counsel and Senior Manager of Policy at NARAL Pro-choice America.

Jennie: So I'm excited because we're going to talk about mostly good things, which I feel like is rare, but we're having two good things episodes back to back. So that's extra rare, but also I cannot believe we have just finished the first 100 days of the Biden administration, like how? So fast and so long at the same time, like everything right now. So what have they done so far? And maybe because we're going to cover a big swath of things. We'll like break it up into buckets. So let's start with what have they done on the global side.

Christina: That is great. And yes, as you said, as of this recording, we are just past the 100 day mark and there is really no denying that there's a pretty stark difference as a result of this change in leadership. And while we know that the work continues, there actually is a lot to celebrate. So on the global side, in his second week in office, the President took some really key executive actions, including ending the global gag rule. So the Trump administration's expanded global gag rule was really a hallmark of Trump's efforts to undermine sexual and reproductive health and rights around the world. And we were more than ready to see it gone during this administration. We'll be even more ready to see it gone forever when that day comes. The second thing I want to make sure to mention is that the President began the process of restoring funding to UNFPA, which really plays a critical role in access to reproductive health services around the world. And that funding is really particularly urgent to address gaps in access to care that have been exposed by the pandemic. So that was very exciting. And then another thing I want to make sure to highlight was that the President withdrew US support for a Trump administration, anti-choice anti-LGBTQ document called the Geneva Consensus Declaration. And that declaration was also really an attempt from the Trump administration to undermine international consensus around sexual and reproductive health and rights by withdrawing US government support. That sends a really important message to all of our partners around the world that the United States is no longer going to be a barrier to progress when it comes to reproductive freedom. And then lastly, on the global side, I want to make sure to highlight that late last month, during the release of the State Department’s 2020 Country Reports on Human Rights Practices, Secretary of State Antony Blinken also announced the United States will be resuming reporting on reproductive rights. And that is a truly critical step towards fulfilling the Biden-Harris administration's commitment to recognizing that sexual and reproductive rights are human rights. So we'll stop there for now much more to come.

Jennie: Yeah, I think the human rights reports one is one of those things that may not seem like a big deal, but is a really big deal because so many countries use the US human rights reports, including obviously the US, but like that's how it's used during people trying to seek asylum in the US and if it's not listed that, you know, uh, reproductive rights violations exist in that country, then judges can't use it as a reason for asylum. So it really actually makes a huge difference for sure.

Christina: For sure.

Jennie: Okay. So that's the global bucket, which that's a lot of big things. So how about domestic? What have they done domestically?

Christina: Sure. So on the domestic side, we also have some very exciting news. Most of it, pretty recent, in fact, so just this month, the Food and Drug Administration announced that it will stop enforcing a restriction that forced people to travel to a hospital or clinic or medical office to access medication abortion care during the COVID pandemic. And what this really means is it will hopefully dramatically expand access to medication abortion care via telehealth, and that's a hugely meaningful step towards ensuring that pregnant people can access the care they need during the pandemic without having to expose themselves unnecessarily to COVID. So that was really exciting news. This month. Also this month, the administration took the first steps towards restoring the Title X program by proposing a rule to end the Trump administration's domestic gag rule. And we're super excited to see the domestic gag rule on its way out and really restore the Title X program so that folks can access the family planning services that they need. And then the last piece I want to make sure to mention actually impacts both domestic and global reproductive freedom. And in March the Biden administration officially established the White House Gender Policy Council, which is a historic council that will work to advance gender equity and its charge. It includes explicit commitment to promoting sexual and reproductive health and rights. And I just want to emphasize that because continuing to see that explicit commitment from the administration is really important, not just here in the US but also around the world. Well, and it's also just really important because I remember how much pushing and shoving we had to do to get the Obama administration to recognize sexual and reproductive health and reproductive rights. So it's a big change that happened right away, which is really nice to see that they are really prioritizing sexual and reproductive health and rights.

Jennie: I agree. It's great to sort of be starting off on the right foot here on that front, which is very exciting. So I think another bucket, like we've all been so focused on policy, and I think one place that is just as important because it can really impact policy is appointments and who is in office and who is in positions to make these things happen. What has been going on around appointments and the administration?

Christina: Sure. So as you said, you know, personnel really shapes policy. And one of the most exciting things that we've seen in the last couple of months and in the last 100 days is that the President has really charted a new course for reproductive freedom through the cabinet and beyond. So this is a historically diverse group of leaders. That includes a lot of folks that I think we can really count on to safeguard and advance reproductive freedom at home and abroad. So there are just a couple that I'll highlight specifically. It probably goes without saying that the Secretary of Health and Human Services is a truly a central role for reproductive freedom. And we do have a real champion in Secretary Xavier Bacerra. During his time as California attorney general, Secretary Bacerra did critical work to protect and expand reproductive freedom, including abortion access in the state of California. And we look forward to him continuing that work in this administration. And then, you know, in addition to Secretary Bacerra, I want to make sure to, uh, shine a light on Dr. Rachel Levine, who has been confirmed as the Assistant Secretary of Health. And it's not only critical because of her strong support for sexual and reproductive health and rights, but also because she made history as the first openly transgender Senate-confirmed federal official, which was just great to see. We're also thrilled to see folks at the Department of Justice that respect fundamental rights, including the right to abortion, and will work to protect everyone's constitutional rights. And those folks include Vanita Gupta who was recently confirmed as Associate Attorney General and Kristen Clark, who has been nominated to be the Assistant Attorney General for Civil Rights. And both of these women are really unwavering champions for freedom and for justice. So, excited to see the work that they will do at the Department of Justice. And then we're also really excited to see folks installed in critical foreign policy positions that will ensure advancing sexual and reproductive health rights. And justice is a critical component of us foreign policy and foreign assistance. These folks include Secretary of State Antony Blinken, who I mentioned earlier, UN Ambassador Linda Thomas-Greenfield, and USAID’s Samantha Power, who was just confirmed this week. So really excited to see all the work that those folks will do. And then finally, I would be remiss not to mention that Vice-President Harris has made history as the first woman, the first Black person and the first Indian-American person elected Vice-President of the United States. And it's pretty clear that her leadership is already making a difference in centering the experiences of women and people of color. For example, in April the White House issued its first ever Proclamation on Maternal Health week and Vice-President Harris joined the round table event about tackling the Black maternal health crisis. And then the administration made the state of Illinois, the first state to receive federal approval, to provide the full range of Medicaid benefits for 12 months postpartum. So really looking forward to seeing more of her work in action as well.

Jennie: Yeah, and I think also along that line, and I may be wrong, so sorry, but I think she is also the highest level person to speak at the Commission on the Status of Women and Vice-President Harris gave remarks there. And so that was really great to see the high level US engagement at the Commission on the Status of Women. And I think one other piece, and we'll not go into it cause like it's just like starting to happen, but is also really important for all of these things we were talking about is one of the things we talked about a lot under the Trump administration is the reshaping of the federal judiciary and Biden has been able to start sending his first couple of slates of nominees up. It's really great to see some nominees who support reproductive rights coming up before the Senate agreed.

Christina: And you know, on that front, as you said, we're really happy to see such a diverse slate of nominees coming out of the White House. And I just want to highlight one in particular who had hearing this week, judge Ketanji Brown Jackson, who's been nominated to the US circuit court for the US Court of Appeals for the District of Columbia circuit. And Judge Jackson has really been a champion for reproductive freedom throughout her career. So we're excited to see her confirmed to the DC circuit, which is pretty much the second highest court in the land. So just very excited to see her there.

Jennie: Yeah, I've been really excited about just the diversity and the range of experience we're seeing for all the appointments, not just in the judiciary, but just in the cabinet too. It's been really such a breath of fresh air. Okay. So that's the good parts. So we have a lot of really big asks for the administration, but maybe we'll focus first and like things we would have liked to have seen in the first 100 days, and then we'll get to some of the bigger stuff that we still want to see them do. So where have they fallen short in the first 100 days?

Christina: You know, it's a great question. And actually I think that comes to mind the most is really sort of like a cross cutting issue across many organizations. And it's that, you know, after four years of the Trump administration, coupled with anti-choice state lawmakers moving at like a truly breakneck speed to pass as many abortion bans and restrictions as they possibly can. And that means that, you know, while abortion remains legal in all 50 states, the state of access across the country is really incredibly dire. So I think one thing that we'd hope to have seen in the last 100 days and hope to see in the future is just a little more of a sense of urgency when it comes to undoing Trump's harmful policies and putting in place policies that will protect and expand reproductive freedom. So I think whether it's expanding access to medication abortion, or restoring the Title X program or policies that will advance sexual and reproductive health and rights and justice abroad, we really need the administration to take action as swiftly, as humanly possible. And I think sometimes things have moved a little slower than many folks would have liked. And, you know, we know that the American people are with us, the vast majority of Americans support the legal right to abortion and protecting, extend, expanding reproductive freedom must be a priority for this administration. And the speed piece is really key in terms of not just undoing the bad, but putting in place policies that will move us forward. And so I think that is sad is really the biggest thing that comes to mind that I think the administration has fallen a little short on and that we'd like to see more of a sense of urgency in the next 100 days.

Jennie: Yeah, I think that's true. Cause right now it does really feel like we're just fixing the things that the Trump administration did, but like we need to move past that and be taking proactive action to improve access. I think, you know, um, one of the things I will talk about in the intro to this episode is the Guttmacher data that came out last week when this comes out, talking about just the breakneck pace that states are passing abortion restrictions like 68 new restrictions since January is just absolutely unbelievable. And it kind of was just quiet, right? Like I, I knew there were restrictions happening, but to see there were 68 really took me aback. Like I, I must have clearly missed some.

Christina: I agree. And I think we can't really uncouple that from the breakneck pace of anti-voting rights laws we're seeing at the state level and anti-trans laws we are seeing at the state-level and like those three trends coupled together have really created a crisis for people's rights and just ability to live their lives. And I would like to see [a] really swift commitment from the administration. Um, but that's not something that the federal government will stand for under President Biden.

Jennie: Absolutely. Okay. So that's things we would have liked to have seen in the first 100 days and actually one more thing that I think we would absolutely be very remiss to not talk about is the lack of even just referencing abortion.

Christina: You know, I think that's right. I think it's, uh, you know, it's the 21st century, it's about time that our federal officials are comfortable just saying the word abortion. Um, because it's, you know, we know where the crisis is and the crisis is with abortion access and it's helpful to be explicit about that. So I agree.

Jennie: Okay. So looking past the first 100 days, what are some of the big asks that are still left for the repro community? Like we said, it's clearly a crisis. And so there are a lot of things that we still need done. So what are some of the big ones?

Christina: Sure. So, you know, the list is long and the work continues. People be afraid that there's nothing to be done, but the work continues and I'm hopeful that we will make progress. So just a couple of things to highlight. I think on a lot of our minds right now is the President's budget. Now, over the course of his many years in public life, we have heard Joe Biden say time and again, that your budget reflects your values. And the budget is really a key statement of the administration's priorities as well as a document for providing guidance to Congress during the appropriations process. So we are hoping to see a President's budget that robustly funds reproductive freedom programs, and very importantly, excludes abortion coverage fans like the Hyde amendment, as well as denial of care policies, like the Weldon amendment and policies that undermine abortion access around the world, like reiterations of the Helms amendment, as well as any other attacks on reproductive freedom. You know, the list can be long of all of these, what we call a “riders” on government funding that restrict reproductive freedom at home and around the world. And we're really hoping to see it change at the federal level when it comes to the President's budget. So we're hoping to see that sometime this spring-- stay tuned and I can talk a little later about sort of what folks can do to make their voices heard to the White House to emphasize how important it is that the President's budget does not include any attacks on reproductive health, rights and justice. Now, the second thing I want to highlight is that, you know, building on this important first step of making medication abortion more accessible during the pandemic, we are urging the FDA to initiate a comprehensive review of all of its restrictions on medication abortion, so that people's access to care reflect science and not these politically motivated restrictions that have been in place for far too long. So hopefully we will see that process underway soon. And then I also want to make sure, you know, as we have talked about, there are a lot of bad Trump regulations and policies that limit access to care that are still in place. Some of them are blocked by court order, but they are still on the books as federal regulations. So these include attempts to expand already harmful denial of care laws, as well as attacks on contraception coverage requirements that make abortion coverage more burdensome, and the Affordable Care Act marketplaces. And those are just three examples, but we're really hoping to see the regulatory process begin in earnest when it comes to undoing these harmful Trump policies. You know, and lastly, I think we really hope that the President will continue to nominate and appoint judges and executive branch officials that have positive records on reproductive freedom, health rights, and justice. I mean, with respect to judges, as we've talked about a little bit in light of what Donald Trump did to the courts, you know, nominating over 220 judges in a single term, including three Supreme Court justices, as well as, you know, the role that the courts play in holding the line against this onslaught of state attacks on abortion access. It is absolutely critical that the President nominate judges that have a positive record on reproductive freedom and that will protect our fundamental rights in the courts. And then on the executive branch side, you know, there's still a number of important positions that remain to be filled. The FDA commissioner for example, has yet to be named and filling that position with a principal bleeder who will respect scientific integrity and evidence-based medicine. And that will resist and speak out against, you know, political intimidation and interference at the FDA is really essential for advancing reproductive freedom for people around the country. We'd also hope to see a nominee for the Ambassador at Large for Global Women's Issues that understands that sexual and reproductive health and rights really play a critical role in advancing gender equity around the world. And so we'd love to see someone that has that understanding because it's something that has been at times lacking in that space. And then finally, there's also, you know, a number of positions that do not require Senate confirmation that are still critical to our work. And so we look forward to seeing qualified appointees being selected for those positions. And I want to, you know, specifically name the Director of the HHS Office for Civil Rights plays a critical role in making sure people can access healthcare free from discrimination. And then also the Deputy Assistant Secretary for Population Affairs at HHS oversees the Title X program and will play a really important role in restoring the program. So I think those are the positions to highlight.

Jennie: It's not an exhaustive list, but there's so much, and at times it feels overwhelming. And like you add, even with your shortlist, I was like, “Oh, I forgot about that. Oh yeah, there was that policy to make it harder for abortion insurance. I totally forgot about that one.” Like there was just, the attacks were never ending under the Trump administration that it's hard to think back to all the things that are going to need to be fixed and like that doesn't even encounter moving forward. It's just like things that have to be fixed. It's, you know, it's one step at a time is I think how it's helpful to think about this because it can be a little overwhelming to think of everything that needs to be done in its entirety, but we are making progress and we will, we will continue to make progress. So I'm hopeful.

Christina: Yes. I, I am excited for what we can accomplish. And I think, you know, the right people are getting put in place to make these things happen. And some of those things can't happen until the people were put in place. So if they're not happening, hadn't happened with this speed we wanted for the first 100 days now that the people are there, I'm hoping things can speed up, hopefully.

Jennie: Okay. So we always like to end with what actions can our audience take. So what can the audience do right now to make sure that we get these things happening?

Christina: Sure. So there are several things. The first is, you know, make your voice heard to the White House and telling the White House that the President's budget needs to be free of any attacks on reproductive freedom, including the Hyde amendment and the Weldon amendment, which I talked about earlier, we actually are hosting a series of events about the President's budget. And if you go to NARAL’s website, you can go to our events page and we will send you lots of resources about how to engage in advocacy around the President's budget and ensuring that the budget is free from attacks on reproductive freedom. So that is one piece. The second piece I want to highlight is, you know, as things are moving in the regulatory space there, we'll see a lot of opportunities for the public to submit comments as the president begins to roll back regulations. So that is happening right now with the Title X rule, but we will continue to see that moving forward as the administration repeals other regulations and policies. And then finally, you know, Congress is not without a role here, particularly on the personnel. So it's really important for people to call their senators and urge them to confirm pro-reproductive freedom, executive branch, nominees, and judges. I will stick to those three things for now. We would be very appreciative of all of the energy that folks could put into those actions.

Jennie: Yes, it's really important that they are hearing from us because everyone knows that the other side is very loud. So we need to make sure that people are hearing our support and our thanks when they do things. Well, Christina, thank you so much for being here today. It was fun talking to you about Biden's first 100 days.

Christina: Thank you for having me and you know, here's to the next 100 days and hopefully more to come.

Jennie: Okay. Everybody. I hope you enjoyed my conversation with Christina. It was great talking about the great things that have been done, but we still have a ways to go. Y'all like, I cannot believe we're a hundred days in a hundred and then some, and they still have not said the word “abortion.” I mean, how do you put out a Roe declaration on the commemorating the anniversary of Roe V. Wade and not say the word “abortion”? That is a wild y'all. And so we are over a hundred days in and they still haven't even said it, you know? So it's great, the things they have done, there's still so much that needs to happen. And one of those things has to like, say the word “abortion.” It's… it's just a word-- it's healthcare. You can talk about it. It's okay.

Jennie: Thanks for listening everyone. And we'll see you on our next episode of RePROS Fight Back. For more information, including show notes from this episode and previous episodes, please visit our website at reprosfightback.com. You can also find us on Facebook and Twitter at RePROS Fight Back, or on Instagram at reprosfb. If you like our show, please help others find it by sharing it with your friends and subscribing, rating and reviewing us on iTunes. Thanks for listening.

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