Democratic lawmakers renewed calls to “codify” Roe v. Wade after an initial draft of the majority opinion that would overturn the controversial ruling leaked on Monday night.
The draft, written by Justice Samuel Alito and leaked by Politico, is described by the outlet as “a full-throated, unflinching repudiation of the 1973 decision which guaranteed federal constitutional protections of abortion rights and a subsequent 1992 decision — Planned Parenthood v. Casey — that largely maintained the right.” Alito reportedly writes that “Roe was egregiously wrong from the start” and that “we hold that Roe and Casey must be overruled.”
In response, a number of Democratic officials called for Congress to “codify” Roe v. Wade — a position that aligns with the official platform of the Biden administration.
“People elected Democrats precisely so we could lead in perilous moments like these- to codify Roe, hold corruption accountable, & have a President who uses his legal authority to break through Congressional gridlock on items from student debt to climate,” Rep. Alexandria Ocasio-Cortez (D-NY) tweeted. “It’s time to be decisive, lead with confidence, fight for a prosperous future for all and protect the vulnerable.”
People elected Democrats precisely so we could lead in perilous moments like these- to codify Roe, hold corruption accountable, & have a President who uses his legal authority to break through Congressional gridlock on items from student debt to climate.
It’s high time we do it.
— Alexandria Ocasio-Cortez (@AOC) May 3, 2022
“Congress must pass legislation that codifies Roe v. Wade as the law of the land in this country NOW,” Sen. Bernie Sanders (I-VT) said. “And if there aren’t 60 votes in the Senate to do it, and there are not, we must end the filibuster to pass it with 50 votes.”
Congress must pass legislation that codifies Roe v. Wade as the law of the land in this country NOW. And if there aren’t 60 votes in the Senate to do it, and there are not, we must end the filibuster to pass it with 50 votes.
— Bernie Sanders (@SenSanders) May 3, 2022
“It is a fundamental right for a woman to make her own health decisions,” Sen. Amy Klobuchar (D-MN) added. “We must protect the right to choose and codify Roe v Wade into law.”
It is a fundamental right for a woman to make her own health decisions. We must protect the right to choose and codify Roe v Wade into law.
— Amy Klobuchar (@amyklobuchar) May 3, 2022
“Let’s be clear: The right to an abortion is sacred,” Pennsylvania Lt. Gov. and U.S. Senate candidate John Fetterman claimed. “Democrats have to act quickly – get rid of the filibuster to pass the Women’s Health Protection Act + finally codify Roe into law. We cannot afford to wait.”
Let’s be clear: The right to an abortion is sacred.
Democrats have to act quickly – get rid of the filibuster to pass the Women’s Health Protection Act + finally codify Roe into law.
We cannot afford to wait.
— John Fetterman (@JohnFetterman) May 3, 2022
As Fetterman alluded, the Women’s Health Protection Act was recently blocked by a 46 to 48 margin in the Senate — failing to reach the necessary 60 votes to invoke cloture and proceed to a vote. Six lawmakers did not vote, while Sen. Joe Manchin (D-WV) opposed the bill alongside his Republican colleagues.
According to a press release published last year by Sen. Tammy Baldwin (D-WI), the Women’s Health Protection Act — which already passed the House of Representatives — would “guarantee equal access to abortion everywhere… free from medically unnecessary restrictions that interfere with a patient’s individual choice or the provider-patient relationship.”
Among other state-level actions, Baldwin’s release referenced an attempt to ban abortion completely in Oklahoma. The activists behind this effort explained that there is no right to abortion to which state governments must bow.
“That abortion supporters are working to codify legal abortion federally is only further confirmation of the obvious: abortion is not a right recognized by the Constitution or federal statute,” Free The States communications director James Silberman told The Daily Wire last year. “There is no federal right to abortion, and there is nothing resembling a right to abortion. There was a rogue court which invented the ‘right to abortion’ from whole cloth.”
“What are constitutionally guaranteed, on the other hand, are the rights to life and equal protection,” Silberman continued. “Equal protection for preborn children is a mandate for every public official.”