Congress' Abortion Law: Can It Be Codified?

Following the Supreme Court's decision to overturn Roe v. Wade, advocates and politicians are calling on Congress to codify Roe into law. This would mean that Congress would pass a law providing the same protections Roe did, such as the right to abortion without excessive government restrictions. However, even if Congress passes such a law, it may not pass a court challenge claiming the Constitution does not give it the authority to enact such a law.

Congress can keep states from preventing women from travelling for abortions

Congress could pass a law codifying the right to abortion, but it may not pass a court challenge claiming the Constitution does not give it the authority to enact such a law. However, Congress can keep states from preventing women from travelling for abortions.

Following the Supreme Court's decision to overturn Roe v. Wade, advocates and politicians are calling on states and Congress to codify Roe. President Joe Biden called on lawmakers to act, saying: "The only way we can secure a woman's right to choose and the balance that existed is for Congress to restore the protections of Roe v. Wade as federal law."

To codify Roe for all Americans, Congress would need to pass a law that would provide the same protections Roe did—so a law that says women have a right to abortion without excessive government restrictions. It would be binding for all states.

The Constitution may not give Congress the authority to codify abortion into law

Following the Supreme Court's decision to overturn Roe v. Wade, advocates and politicians are calling on states and Congress to codify Roe. President Joe Biden called on lawmakers to act, saying, "The only way we can secure a woman's right to choose and the balance that existed is for Congress to restore the protections of Roe v. Wade as federal law." However, the chances of pushing through any legislation protecting abortion rights would appear very slim if the Democrats lose the House or fail to pick up seats in the Senate.

To codify Roe for all Americans, Congress would need to pass a law that would provide the same protections Roe did—a law that says women have a right to abortion without excessive government restrictions. It would be binding for all states. Despite some politicians saying they want to "codify Roe," Congress isn't looking to enshrine Roe in law. That's because Roe v. Wade hasn't been in place since 1992. The Supreme Court's Planned Parenthood v. Casey ruling—which was also overturned in the latest ruling on abortion, Dobbs v. Jackson Women’s Health Organization—affirmed it but also modified it in significant ways.

Congress isn't looking to enshrine Roe v. Wade into law

Congress has the power to pass a law codifying the right to abortion, but it may not pass a court challenge claiming the Constitution does not give it the authority to enact such a law. Despite some politicians saying they want to “codify Roe”, Congress isn’t looking to enshrine Roe v. Wade in law. This is because Roe v. Wade hasn’t been in place since 1992. The Supreme Court’s Planned Parenthood v. Casey ruling affirmed it, but also modified it in significant ways.

The Supreme Court’s decision to overturn Roe v. Wade has led to advocates and politicians calling on states and Congress to codify Roe. President Joe Biden called on lawmakers to act, saying: “Let me be very clear and unambiguous: The only way we can secure a woman’s right to choose and the balance that existed is for Congress to restore the protections of Roe v. Wade as federal law”. However, the chances of pushing through any legislation protecting abortion rights would appear very slim if the Democrats lose the House or fail to pick up seats in the Senate in the midterm elections in November.

Congress can, however, keep states from preventing women from travelling for abortions. Liberal states like Massachusetts have passed laws that codify Roe v. Wade, and similar moves are expected elsewhere following the Supreme Court’s decision.

The midterm elections could impact the likelihood of abortion rights legislation

The midterm elections could have a significant impact on the likelihood of abortion rights legislation. If the Democrats lose the House or fail to pick up seats in the Senate, the chances of pushing through any legislation protecting abortion rights would be slim.

Following the Supreme Court's decision to overturn Roe v. Wade, advocates and politicians are calling on states and Congress to codify Roe. President Joe Biden called on lawmakers to act, stating that the only way to secure a woman's right to choose is for Congress to restore the protections of Roe v. Wade as federal law.

While Congress could pass a law codifying the right to abortion, it may not pass a court challenge claiming the Constitution does not give it the authority to enact such a law. However, Congress can keep states from preventing women from travelling for abortions.

To codify Roe for all Americans, Congress would need to pass a law that provides the same protections Roe did, such as the right to abortion without excessive government restrictions. This law would be binding for all states.

Liberal states have passed laws that codify Roe v. Wade

Liberal states like Massachusetts have passed laws that codify Roe v. Wade. In the wake of the Supreme Court's decision to overturn Roe v. Wade, advocates and politicians are calling on states and Congress to codify Roe. President Joe Biden called on lawmakers to act, saying:

> Let me be very clear and unambiguous: The only way we can secure a woman's right to choose and the balance that existed is for Congress to restore the protections of Roe v. Wade as federal law.

However, it is unclear whether Congress has the constitutional authority to codify Roe. Even if Congress passes a law codifying the right to abortion, it may not pass a court challenge claiming the Constitution does not give it the authority to enact such a law, writes former solicitor general of Virginia William H. Hurd. Hurd is now a special member at Eckert Seamans in Richmond, Va. Congress can, however, keep states from preventing women from travelling for abortion, he contends.

To codify Roe for all Americans, Congress would need to pass a law that would provide the same protections Roe did—so a law that says women have a right to abortion without excessive government restrictions. It would be binding for all states.

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