In remarks ahead of a midterm election in which Democrats hope to benefit from pro-abortion-rights sentiments, President Joe Biden vowed to codify Roe v. Wade in January 2023, close to the 50th anniversary of the U.S. Supreme Court's original decision on the case.
"The court got Roe right nearly 50 years ago, and I believe Congress should codify Roe v. Wade once and for all," Biden said in an Oct. 18 speech, adding, "together we will restore the right to choose for every woman in every state in America. So, vote!"
But to deliver on that promise, Biden said voters must elect more Democrats to the Senate and elect enough Democrats to control the House.
Biden's remarks came during the closing weeks of the Democratic Party's tough battle to keep its narrow hold on the Senate.
We have been tracking Biden's campaign promise to codify Roe v. Wade, one of about 100 promises on our Biden Promise Tracker. The lack of 10 Republicans to overcome an expected filibuster has stalled Biden's efforts on codification.
In February, Senate Democrats sought to pass H.R. 3755, the House-approved Women's Health Protection Act, but they fell short of the 60 votes required to proceed to a final vote. Senate Democrats tried again in May and failed. On June 24, the Supreme Court overturned Roe v. Wade, which left it up to each state to set its own abortion laws.
Even if the Democrats manage to keep control of the Senate after the election, it's thought to be almost impossible for the party to secure enough Republican votes to assure a filibuster-proof majority for codifying Roe v. Wade in 2023.
Biden's speech suggests this is a top issue for his administration, but without movement in Congress, we continue to rate Biden's promise to codify Roe v. Wade as Stalled.
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