Biden wants to "codify Roe v Wade into law"

With an amendment.

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We are talking about the legislative filibuster here. They have the word filibuster in common but they are different things.
Yes, when Reid ended the judicial filibuster, he ended the judicial filibuster. You can’t do it for just some judges.

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As was pointed out, Congress right now could pass a law prohibiting the states from passing laws criminalizing traveling to another state to get an abortion. No amendment needed for that.

Biden wants to codify it because overturning RvW destabilizes the nation.

Without the unfettered ability to kill our offspring, this nation will be unstable. :roll_eyes:

Sure, maybe. Probably.

But does that address the real problem?

I think they could pass a law forbidding the criminalizing of people traveling across state lines to obtain an abortion. That seems like it would fall under the commerce clause, since abortion could be argued to be a form of commerce (it disgusts me to say that, but it makes legal sense).

But like Sneak said to do anything else would require an amendment to the constitution itself.


Probably no law needed either. States can’t pass laws prohibiting travel between states, nor can they criminalize what goes on in another state. That is not in their jurisdiction.


Well it would address those states like Missouri that are trying to do it. But no it wouldn’t address states making abortion illegal.

Be interesting if Interstate Commerce can be applied to abortion pills.

Weed laws.

I don’t see any reason they couldn’t.

If a monetary transaction for a good or service crosses state lines that sounds like the commerce clause would apply.

IMO of course.

Yeah that’s true.

I wonder how that would change if the Feds finally decided to take it off of the scheduled narcotics list.

I said this elsewhere…but killing the fillibuster for a pro-choice legislative carve out is a terrible idea strategically.

Because it totally opens the door to the GOP using the same political mechanism…

to ban abortion nationwide.

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Both parties are pretty good at sacrificing long term strategy for short term victories.

They tend to be driven by emotion.

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Not that this is going to happen (Manchin, Sinema) but it could easily lead to a push for a nationwide abortion ban in 24 after the GOP takes the House, Senate and White House. Talk about short term thinking.

Carving out any exception opens the door for anyone with a simple majority to carve out any other exception on any issue they consider important. In other words, it ends the legislative filibuster.


Yeah agreed. Even saying “But this is just for abortion…” are empty words. It opens the door to the end of the legislative filibuster. Dangerous.


It’s certainly a possibility.

Go for total victory while you have the chance I guess. Even if it backfires a few years down the road.

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The emotion to be reelected


Conservatives in numerous states are looking at ways to stop interstate travel for abortion.

One novel way is to copy the Texas law to allow for civil suits against individuals who “abet” the crime of abortion.