President Joe Biden is set to announce support for a bill to codify abortion rights if Democrats hold their congressional majorities in the midterms, incentivizing voters to beat a red wave that could threaten their control of the House of Representatives.
Abortion emerged as a top midterm issue after the Supreme Court overturned Roe v. Wade, the decision that guaranteed abortion rights across the United States, on June 24. In the aftermath of the ruling, several states rolled back reproductive rights and for the first time in decades, abortion became illegal for millions.
The decision galvanized liberal and independent women voters who are seeking to enshrine abortion protections both in state and federal law. Democrats saw a surge in the polls in the aftermath of the decision, and polls show most voters support reproductive rights—though many also support some guardrails on the procedure.
Republicans in battleground races have faced attacks from Democrats, who cast their anti-abortion positions as radically out of line with most of the electorate. Republicans argue their stance is more in line with the rest of the world.
On Tuesday, Biden sought to give Democrats a midterm boost by promising nationwide abortion protections during a speech at Washington, D.C.'s Howard Theatre.
"The first bill that I will send to the Congress will be to codify Roe v. Wade," he said, pledging he would sign it in January on the 50th anniversary of the Supreme Court decision. "Together we will restore the right to choose for every woman in every state in America."
He added that Democrats will need to expand their Senate majority in the midterms for an abortion rights bill to pass, as a bill would struggle to overcome the Senate filibuster given its current composition.
"I believe Congress should codify Roe once and for all. Right now, we're short a handful of votes," Biden said. If you care about the right to choose, then you've got to vote. That's why these midterm elections are so important."
Details on the bill remained vague on Tuesday, but the bill would make abortion legal in at least 14 states that have banned the procedure in the months following the Supreme Court's ruling. State legislatures in several other states have also considered bans.
Biden also vowed to veto any bills passed that would ban abortion nationally. While Republicans have backed away from rhetoric surrounding a national ban, Senator Lindsey Graham has introduced legislation that would limit the procedure.
"If such a bill were to pass in the next several years, I'll veto it. We can't let it pass in the first place," he said.
While a bill to codify abortion rights has far-reaching support among Democratic voters, such a bill would face a steep challenge in the Senate, as two Democrats—Joe Manchin of West Virginia and Kyrsten Sinema of Arizona—oppose lifting the filibuster mandating 60 votes to end debate on most legislation.
Democrats would likely need to hold onto every seat they currently hold and flip two GOP-controlled seats to achieve enough votes to overcome the filibuster.
Democrats winning 52 Senate seats isn't out of the question, polls indicate. They either hold a lead or a very narrow deficit in the most important races races including Arizona, Georgia, Nevada, New Hampshire, North Carolina, Ohio, Pennsylvania and Wisconsin.
Retaining control of the House, on the other hand, remains an uphill battle for Democrats. Republicans are widely expected to win a narrow majority in the lower chamber, and it is highly unlikely GOP leadership would even allow a vote on a national abortion bill. Biden's announcement seeks to mobilize voters to back Democrats in critical House races, where abortion—as well as issues such as the economy—are a focus of swing voters.
Biden earlier called for Congress to codify Roe protections on October 5, noting that "we're short a handful of votes."
Congress should codify the protections of Roe v. Wade and do it once and for all.
— Joe Biden (@JoeBiden) October 5, 2022
But right now, we're short a handful of votes, so the only way it's going to happen is if the American people vote in November.
"So the only way it's going to happen is if the American people vote in November," Biden tweeted.
Biden's speech comes as some polls indicate Democrats' abortion advantage could be fading as Republicans make gains with independent women voters.
Conservative-leaning Kansas voted down an amendment to the state's constitution that would have allowed state lawmakers to ban abortion, interpreted as a sign that voters back abortion rights.
Newsweek reached out to the White House for comment.
Uncommon Knowledge
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Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
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Andrew Stanton is a Newsweek weekend reporter based in Maine. His role is reporting on U.S. politics and social issues. ... Read more
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