Are Xavier Becerra and the Department of Health and Human Services planning to break the law?

Op-ed views and opinions expressed are solely those of the author.

At a formal press conference, Xavier Becerra revealed that he and other members of the Biden administration are looking to find ways to work around the recent SCOTUS ruling in the Dobbs v. Jackson Women’s Health Organization case.

Regarding the Supreme Court’s decision, which ended Roe v. Wade, Becerra called the result “despicable” and promised to expand abortion “services.” Becerra was intentionally vague, maybe to prevent people from pushing back, but he said that HHS “is keeping all options on the table” and insisted the HHS “has been preparing for this for some time.” He did stop short of saying the department would participate in mailing abortion pills to states where the procedure is outlawed but hinted that they might when he told reporters to “stay tuned” on that front.

 U.S. law prohibits federal dollars from directly funding abortion. This has been “worked around” through the use of accounting tricks to justify sending federal tax-payer dollars to Planned Parenthood, claiming that “those dollars” aren’t the ones being used to perform the abortions. But in truth, supporting any part of Planned Parenthood’s activities endorses all of their activities.

Given what Becerra seems to be hinting at, it would be much harder to use some trick as cover for flouting the Hyde Amendment, the specific provision preventing federal spending on abortion. At the Aspen Ideas Summit, Becerra said HHS might participate in helping transport women who want abortions out of states with prohibition into those with more permissive laws. Asked if that would be consistent with U.S. law, Becerra grinned and replied, “talk to me later.” So, does this mean that he believes this will be “made” legal by a Democratic-controlled federal government? Or perhaps he believes that it is better to ask for forgiveness than permission, especially since recent history would suggest that he would not face any real consequences for breaking the law? 

 No matter what Becerra (or any other member of the Biden administration) might be thinking, it is clear that either they do not understand what the Court said in Dobbs v. Jackson, or they are counting on you not understanding it. In either case, it should be alarming to all Americans (left-leaning or right-leaning) that the first instinct of these people, when they do not get what they want, is to make plans to break the spirit of the law, if not the letter of the law.

In this case, they wish to ignore the Court’s decision and “find a work-around for” the Hyde Amendment to appease a small but vocal part of the leftist base of the Democrat Party. (All in a desperate effort to have something to run on in the upcoming elections.) The fact that they expect us all to obey the laws they like but then do everything but personally oversee the planning of a “Night of Rage” when their “authority” is challenged (or better yet, placed in check,) should tell you everything you need to know about their true intentions. 

 The Supreme Court did not say that abortions are banned. They said that abortion is not a federal issue. They said that Roe was an opinion that was not well reasoned or based on the Constitution (a view shared by Ruth Bader Ginsburg). SCOTUS ended nothing; they simply sent the matter back where it had always belonged… to the states. In doing so, they made it crystal clear that the federal government should not play any role in restricting or enabling abortions in any part of the country. The Court’s decision would also serve to keep any effort by the federal government to pass a law to codify abortion from standing. A bill signed into law that is in opposition to the finding of the Court is likely to be struck down if it is challenged and then comes before that same Court.

 No matter how you feel about the abortion issue, we should be able to agree that we cannot sit back and allow the government to break the law. Xavier Becerra has said that he and the HHS are planning to do precisely that, break the law. The Executive branch of the federal government is charged with executing the law, not ignoring the ones they don’t like, and not breaking it when they think it might get them more votes. We must watch all of the current administration and hold them accountable as appropriate.

Tim Tapp is the host of the syndicated, conservative talk show “Tapp” into the Truth. He calls East Tennessee home, where he broadcasts and writes. He also still works in Quality Assurance for a food manufacturing company as he takes up the cause of defending our republic. Find out more at


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