Biden wants to "codify Roe v Wade into law"

So I saw this from our host’s main page and I want to ask our guys that follow legal issues here…hasn’t the “Congress passes a law codifying Roe v Wade into law” ship sailed with the Dobbs decision?

Wouldn’t such a law, if it somehow passed, immediately be challenged as unconstitutional?

Nothing in the decision restricts the federal government from writing a law making abortion legal or illegal.


It would be questioned in court but who knows how the court would rule. As Pelosi said when asked about the constitutionality of the ACA, “You’ve got to be kidding me”. Turns out she was right.


Under what part of the Constitution would they derive the authority to make such a law?

They should probably just let the upcoming election decide rather than desperately nuke the senate to pass garbage no one wants.


Depends on how it’s written. If it says all abortion is legal that’s not gonna fly. Id it affects states abilities to restrict buying aboregrcirnts online or prohibits restricting travel for abortion then it’s a whole other conversation

I think they are doing that. I think this is bluster. It’s bluster because the idea that nobody wants it is silly

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Then why is Biden asking the senate for a filibuster exception? Desperation.


It’s an interesting question.

Possibly Biden’s handlers realize there is no such thing as a filibuster exception. If you end the filibuster you end the filibuster.


Wasn’t the Voting Rights Act “codified”? Didn’t seem to matter.

I think they need an amendment.


Do you follow politics?

Yeah I could see the Interstate Commerce Clause being used to push back on states trying to make travel to get an abortion a crime.

Um no…we have a filibuster exception already.

Confirmation of judges.

If abortion can be banned nationally by legislation, doesn’t it follow that it could also be legalized nationally by legislation?

Why didn’t they do it under Obama? I believe it’s because they would have had to limit abortion to the first trimester while pushing abortion on demand up unto the 9 month. Thus teeing off the far left.


When did that happen?

It would have been filibustered had it been tried under Obama.

Just like now.

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That’s my point…it can’t be decided nationally at all.

Except in narrow situations, perhaps.