Biden says he'll sign abortion rights into law if Democrats control Congress after midterms

U.S. President Joe Biden promised Tuesday that the first bill he sends to Capitol Hill next year will be one that codifies Roe v. Wade — if Democrats control enough seats in Congress for Biden to sign abortion protections into law — in a speech designed to energize his party's voters just three weeks ahead of the November midterms.

"If you care about the right to choose, then you gotta vote," Biden said during remarks at the Howard Theatre in Washington. He urged those in attendance to recall how they felt when the Supreme Court in late June overturned the landmark 1973 ruling legalizing abortion, and repeatedly lambasted Republicans nationwide who have pushed for restrictions on the procedure, often without exceptions.

Biden said "the only sure way to stop these extremist laws that are putting in jeopardy women's health and rights is for Congress to pass a law." He acknowledged that right now, "we're short a handful of votes" to reinstate abortion protections at the federal level, urging voters to send more Democrats to Congress.

"If we do that, here's the promise I make to you and the American people: The first bill that I will send to the Congress will be to codify Roe v. Wade," Biden said. "And when Congress passes it, I'll sign it in January, 50 years after Roe was first decided the law of the land."

That's a big if.

Democrats have tried several times to enshrine abortion rights in law

Democrats tried repeatedly in this Congress to enshrine abortion rights into law, only to be thwarted by Republican filibusters and the unwillingness of their own members to change the Senate's rules. That dynamic is likely to persist no matter what happens in the November elections.

Abortion rights have been a key motivating factor for Democrats this year, although the economy and inflation still rank as chief concern for most voters.

For the White House, it won't be enough just to keep control of both chambers of Congress, already an uphill battle, to be able to enshrine the protections of Roe into law. The Senate would need to abolish the filibuster, the legislative rule that requires 60 votes for most bills to advance in the chamber, in order to pass an abortion measure with a simple majority of senators.

Long resistant to any revisions to Senate institutional rules, Biden said in the days after the decision by the Supreme Court to overrule Roe in Dobbs v. Jackson that he would support eliminating that supermajority threshold for abortion bills, just as he did on voting rights legislation.

But two moderate Democrats — senators Kyrsten Sinema and Joe Manchin — support keeping the filibuster. Sinema has said she wants to retain the filibuster precisely so any abortion restrictions backed by Republicans would face a much higher hurdle to pass in the Senate.

Majority of American adults support access to abortion

Democratic Senate candidates in Pennsylvania and Wisconsin — the party's two best chances to flip seats currently held by Republicans — have both said they support eliminating the filibuster in order to pass abortion legislation. Pennsylvania Senate candidate John Fetterman has actively campaigned on being the 51st vote for priorities such as legalizing abortion, codifying same-sex marriage protections, and making it easier for workers to unionize — all measures that would otherwise be blocked by a filibuster in the Senate.

Abortion — and proposals from some Republicans to impose nationwide restrictions on the procedure — have been a regular fixture of Biden's political rhetoric this election cycle, as Democrats seek to energize voters in a difficult midterm season for the party in power in Washington.

In fundraisers and in political speeches, Biden has vowed to reject any abortion restrictions that may come to his desk in a Republican-controlled Congress. He has also urged voters to boost the Democratic ranks in the Senate so enough senators would not only support reinstating abortion nationwide, but would be willing to change Senate rules to do it.

"If you give me two more Democratic senators in the United States Senate, I promise you, I promise you we're going to codify Roe," Biden said at a Democratic National Committee rally in Washington last month. "We'll once again make Roe the law of the land. And we'll once again protect a woman's right to choose."

Opponents of abortion rights have also sought to capitalize on the issue, with Marjorie Dannenfelser, president of Susan B. Anthony Pro-Life America, saying Tuesday that the stakes of next month's midterm elections "could not be higher."

"Doubling down on an extreme agenda of abortion on demand until birth won't stop Democrats from losing Congress, even with the abortion industry spending record sums to elect them," Dannenfelser said. "Biden's party is on the wrong side and stunningly out of touch.

Court decisions and state legislation have shifted — and sometimes, re-shifted — the status of abortion laws across the country. Currently, bans are in place at all states of pregnancy in 12 states. In another, Wisconsin, clinics have stopped providing abortions though there's dispute over whether a ban is in effect. In Georgia, abortion is banned at the detection of cardiac activity — generally around six weeks and before women often know they're pregnant.

Meanwhile, codifying Roe remains a broadly popular position. In a July AP-NORC poll, 60 per cent of U.S. adults said they believe Congress should pass a law guaranteeing access to legal abortion nationwide.