Biden's Veto Power: Can He Stop Abortion Laws?

In October 2022, US President Joe Biden vowed to use his veto power to protect women's rights and abortion access if Republicans won control of Congress in the midterm elections and passed laws to outlaw abortion nationwide. Biden's promise came in response to the Supreme Court's decision to overturn Roe v. Wade, which removed federal constitutional protection for abortion rights and allowed states to regulate abortion. While Biden cannot easily make Roe v. Wade federal law again, he has proposed reforms and can sign legislation to uphold abortion rights. Florida has also used a federal law previously enforced by Biden's administration to protect pregnancy centers and abortion clinics from pro-life activists.

Biden's plan to veto abortion laws

In October 2022, U.S. President Joe Biden vowed to use his veto power to protect women's rights if Republicans won control of Congress in the midterm elections and passed laws to outlaw abortion nationwide. He said he would "veto anything they do". Biden's Democrats were at risk of losing control of the House of Representatives and the Senate in the November vote. The President tried to rally the party and its supporters around abortion rights, which had been sharply curtailed by the Supreme Court's decision to overturn the Roe v Wade ruling a few months earlier.

However, it is important to note that Biden cannot easily make Roe v. Wade federal law. The current Congress has a Republican majority in the House, and any bill to enshrine abortion rights would face an uphill battle. The Senate needs 60 votes to pass legislation, more than just a simple majority of 50, due to the need to override a likely filibuster.

Despite the challenges, Biden has taken steps to protect abortion rights. For example, the Justice Department under his administration used the Freedom of Access to Clinic Entrances (FACE) Act to target and jail pro-life activists who threatened or intimidated pregnancy resource centers. This action drew criticism from Republican lawmakers, who argued that the law was created to target pro-life activists.

Roe v. Wade federal law

In June 2022, the U.S. Supreme Court overturned the 1973 Roe v. Wade decision, which recognized women's constitutional right to abortion. The ruling in Dobbs v. Jackson Women’s Health Organization overturned nearly 50 years of precedent and marked the first time the Supreme Court had taken away a fundamental right.

Roe v. Wade was a landmark U.S. Supreme Court ruling that recognized the right to abortion. The case was brought by Norma McCorvey, under the legal pseudonym "Jane Roe", who, in 1969, became pregnant with her third child. McCorvey wanted an abortion but lived in Texas, where abortion was only legal when necessary to save the mother's life. Her lawyers, Sarah Weddington and Linda Coffee, filed a lawsuit on her behalf in U.S. federal court against her local district attorney, Henry Wade, alleging that Texas's abortion laws were unconstitutional.

The Supreme Court issued a 7-2 decision in McCorvey's favor, holding that the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution provides a fundamental "right to privacy", which protects a pregnant woman's right to an abortion. The Court recognized that the right to decide whether to continue a pregnancy falls within the constitutional protection that the liberty clause in the 14th Amendment affords to privacy.

In response to Roe v. Wade, most states enacted or attempted to enact laws limiting or regulating abortion. These laws include requiring parental consent or notification for minors to obtain abortions, spousal mutual consent laws, spousal notification laws, laws requiring abortions to be performed in hospitals instead of clinics, laws barring state funding for abortions, and laws banning certain procedures.

While President Joe Biden has vowed to use his veto power to protect women's rights and abortion rights if Republicans win control of Congress and pass laws to outlaw abortion nationwide, he cannot easily make Roe v. Wade federal law. However, he could still make it easier to get an abortion. For example, Biden's administration and Congress can take action to offset the impact of the Supreme Court's 2022 Dobbs v. Jackson Women's Health Organization ruling, which removed federal constitutional protection for the right to abortion and sent the regulation of abortion back to the states. Additionally, Biden has proposed a slate of reforms, including a new ethics regime, and he could sign a bill enshrining the right to abortion.

State abortion laws

In June 2022, the U.S. Supreme Court overturned Roe v. Wade, which had previously recognised women's constitutional right to abortion. This decision removed federal constitutional protection for abortion access and sent the regulation of abortion back to the states.

In response to the Supreme Court's decision, many states have enacted or are in the process of enacting stricter abortion laws. Almost half of the states in the country have made it harder to get an abortion. For example, abortion is illegal in Alabama, with exceptions only to preserve the woman's life or physical health. There are no exceptions for rape, incest, or fatal fetal abnormalities. Performing an abortion in Alabama is a Class A felony, with up to 99 years in prison, and attempted abortion is a Class C felony, punishable by 1 to 10 years in prison.

On the other hand, some states have taken proactive measures to expand abortion access. For instance, abortion is legal in Colorado at all stages of pregnancy, and the state passed the Reproductive Health Equity Act in April 2022, which protects abortion rights and assures individuals' fundamental right to make decisions about their reproductive health care.

Additionally, there have been efforts by Republican lawmakers in at least 10 states, including Georgia, Kentucky, Missouri, and Texas, to introduce bills that would treat abortion as homicide and seek to give legal rights to fetuses. However, these bills have faced opposition and have not successfully passed.

Biden's support for abortion rights

In October 2022, US President Joe Biden vowed to use his veto power to protect women's rights and abortion rights if Republicans won control of Congress in the midterm elections and passed laws to outlaw abortion nationwide. He said, "Veto anything they do." Biden's Democrats could lose control of the House of Representatives and the Senate in the November vote. The president is attempting to rally the party and its supporters around abortion rights, which were significantly reduced by the Supreme Court's decision to overturn the Roe v. Wade ruling.

Biden has proposed a slate of reforms, including a new ethics regime, to improve the country's abortion laws. He has also called on Congress to restore Roe v. Wade protections, and his administration has made several moves to improve reproductive healthcare access. This includes defending the FDA's approval of the abortion drug mifepristone and supporting the agency in allowing pharmacies to dispense the drug. Federal agencies under his administration have also improved abortion access for veterans and service members.

During his State of the Union address in March 2024, Biden promised to make the right to abortion a federal law. He said, "If you, the American people, send me a Congress that supports the right to choose, I promise you I will restore Roe v. Wade as the law of the land again." However, it is unlikely that the current Congress, with a Republican-majority House, will enact such a bill. Biden's complex relationship with the topic was on display during his State of the Union address, where he thanked Vice President Kamala Harris for her multistate reproductive freedom tour.

Biden's Justice Department has been criticised for almost exclusively using the Freedom of Access to Clinic Entrances (FACE) Act to target and jail pro-life activists and bring charges against vandals in Florida and Ohio. However, Florida has successfully used the FACE Act to fine members of radical groups like Antifa and Jane's Revenge, who threatened employees of a Florida pregnancy resource facility.

The impact of Supreme Court rulings on abortion laws

One of the most notable rulings was the 2022 decision in Dobbs v. Jackson Women's Health Organization, which overturned the landmark 1973 Roe v. Wade ruling. This ruling recognised women's constitutional right to abortion and set a legal precedent that stood for nearly five decades. By overturning Roe v. Wade, the Supreme Court removed federal constitutional protection for abortion rights and effectively returned the regulation of abortion to the individual states. This ruling had immediate and tangible impacts, with almost half of the states in the country subsequently making it harder to obtain an abortion.

The Supreme Court's rulings on abortion have also had a ripple effect on other areas of law and policy. For example, the Court's decision to overturn Roe v. Wade energised Democratic lawmakers and activists, who sought to mobilise their base and rally supporters around abortion rights. This shift in political dynamics influenced election campaigns and legislative priorities, with President Joe Biden vowing to use his veto power to protect abortion rights if Republicans attempted to pass laws outlawing abortion nationwide.

Additionally, the Supreme Court's rulings have had a direct impact on the availability and accessibility of abortion services. In 2024, the Court rejected attempts to restrict access to the abortion pill mifepristone, a decision that preserved a crucial option for people seeking abortions. However, the Court has also declined to rule on certain abortion-related cases, such as whether a strict abortion ban in Idaho conflicts with federal law, leaving the door open for lower courts to continue deliberating on these issues.

The Supreme Court's rulings on abortion have had a profound impact on the legal and social landscape in the US. They have shaped the rights and options available to people seeking abortions, influenced political dynamics and legislative priorities, and prompted responses from various levels of government and activism. The Court's decisions continue to be a pivotal factor in the ongoing debate and legal developments surrounding abortion in the United States.

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