An emergency declaration for abortion access would face formidable legal challenges, potentially tying the administration up in court for months. A single federal judge could enjoin it, pending endless appeals. Eventually, the declaration would almost certainly end up being heard by the same six conservative justices who decided Dobbs v. Jackson Women’s Health Organization. The administration could yet again find itself on the losing side of a high-stakes legal challenge — this time, one that would also give the courts the opportunity to curb emergency powers during a future pandemic.

Even more consequential is the impact on public health agencies. Declaring abortion access a health emergency would further politicize these agencies, which have been battered and demoralized during the coronavirus pandemic. The field would then be entangled in three of the most politically divisive issues in the American culture wars: covid-19 mandates, immigration (via Title 42) and, now, abortion.

Finally, emergencies, such as a major infectious disease epidemic, are supposed to end. Poor health outcomes for pregnant women who lack abortion access won’t be resolved without an act of Congress or reconsideration by the Supreme Court. Neither is projected for the foreseeable future.