Memorandum on Protecting Women's Health at Home and Abroad
Issued 2021-01-28 by Joseph R. Biden Jr.
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
On January 28, 2021, President Biden issued a memorandum directing federal agencies to take actions to protect women's health at home and abroad. The memorandum revoked and superseded the so-called 'Mexico City Policy,' also known as the 'global gag rule,' which had prohibited U.S. foreign assistance from going to international nongovernmental organizations that provide, counsel, refer, or advocate for abortion services, even with non-U.S. funds. The revocation of this policy restored U.S. funding to international family planning and reproductive health organizations that had been cut off.
The memorandum also directed the Secretary of Health and Human Services to consider actions to protect and expand access to reproductive healthcare services domestically, including by reviewing regulations and policies that had been implemented to restrict access to such services. It signaled the administration's commitment to treating reproductive healthcare — including contraception, family planning, and safe abortion access — as a component of women's health and rights.
The Mexico City Policy has been a recurring subject of presidential action, toggled on by Republican presidents and off by Democratic presidents since it was first established by President Reagan in 1984. Biden's revocation was one of his first acts as president and represented an immediate and significant shift in U.S. global health funding policy, restoring resources to family planning organizations serving millions of women worldwide.
AI-generated summary for educational purposes
Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
This memorandum ("Memorandum on Protecting Women's Health at Home and Abroad") directs the withholding, freezing, or delayed spending of congressionally appropriated funds. The stated rationale: "that women at home and around the world are able to access complete medical information, including with respect to their reproductive health." The Impoundment Control Act of 1974 specifically prohibits this type of action. Congress passed that law in response to President Nixon's refusal to spend appropriated funds, and it remains the governing framework today.
The power of the purse belongs to Congress under Article I, Section 9. When money is appropriated by law, the executive branch is obligated to spend it as directed. A memorandum directing agencies to withhold, pause, or slow-walk spending conflicts with this constitutional structure. Courts have consistently sided with Congress in impoundment disputes.
Official Summary
DCPD202100100 * {margin:0; padding:0; text-indent:0; } .s1 { color: black; font-family:"Times New Roman", serif; font-style: italic; font-weight: normal; text-decoration: none; font-size: 12pt; } h1 { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: bold; text-decoration: none; font-size: 12pt; } .s2 { color: black; font-family:"Times New Roman", serif; font-style: italic; font-weight: normal; text-decoration: none; font-size: 11pt; } .p, p { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: normal; text-decoration: none; font-size: 11pt; margin:0pt; } .s3 { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: normal; text-decoration: none; font-size: 12pt; } .s4 { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: normal; text-decoration: none; font-size: 9.5pt; } .s5 { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: normal; text-decoration: none; font-size: 9pt; } li {display: block; } #l1 {padding-left: 0pt;counter-reset: c1 21; } #l1> li>*:first-child:before {counter-increment: c1; content: counter(c1, upper-latin)" "; color: black; font-style: normal; font-weight: normal; text-decoration: none; } #l1> li:first-child>*:first-child:before {counter-increment: c1 0; } #l2 {padding-left: 0pt;counter-reset: c2 19; } #l2> li>*:first-child:before {counter-increment: c2; content: counter(c1, upper-latin)"."counter(c2, upper-latin)" "; color: black; font-style: normal; font-weight: normal; text-decoration: none; } #l2> li:fir