Elie Mystal: Democrats Should Use This Moment to Codify "Roe v. Wade"

[Nevilledog]

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Elie Mystal

@ElieNYC
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I think the Democrats should codify Roe, but let's be under no illusions: The Supreme Court will strike down national abortion protections when it gets a chance. The 6 conservatives already have their arguments in place.
My latest in @thenation

thenation.com
Democrats Should Use This Moment to Codify "Roe v. Wade"
The midterms proved that Americans support abortion rights, and Democrats should enshrine them—even though the Supreme Court will promptly strike them down.
8:23 AM · Nov 15, 2022

https://www.thenation.com/article/politics/codifying-roe-wade-challenges/

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https://archive.ph/FRMoc

I guess “Roevember” really was a thing. Lots of factors played a role in the Republicans’ underperformance in the midterm elections, but it sure seems like the decision by conservative justices on the Supreme Court to overturn Roe v. Wade was a major one. The United States Senate might have been handed back to Democrats by Samuel Alito and his extremist ruling—signed, of course, by all five of the other conservatives.

One person looking to press the policy advantage Democrats currently enjoy is President Joe Biden. Over the weekend, with the House of Representatives still technically up for grabs, White House senior aide Anita Dunn went on TV to reiterate Biden’s stance that Congress should “codify Roe vs. Wade, so that it is the national law of the land.” Biden understands that the voters have spoken, and he’s positioning his administration and the Democrats as the people who want to give the voters what they want. And what they want is to not have Ted Cruz anywhere near their uteruses.

I want that to happen. I think Democrats should use maximal power to enshrine abortion rights, including getting rid of the filibuster if need be. It’s the right move both in terms of policy (reproductive rights should trump states’ rights) and in terms of politics.

But people should operate without any illusions: If the Democrats somehow pass a national law codifying Roe v. Wade, the conservative justices will use the emergency “shadow docket” to prevent it from taking effect and then strike it down later, when it is electorally convenient for them to do so.

*snip*

[emulatorloo]

1. Maybe some Senate Republicans will help now that the midterms are over.

Shumer does believe he can get the votes to codify same sex marriage during the lame duck session.

On the other hand I don’t trust Republicans to do the right on choice. hope I am wrong.

But yes Dems should try.

[jcgoldie]

2. Isnt Manchin anti-choice?

Far be it from him to stand in the way of progressive legislation. 🫤

[Lovie777]

3. They don't have the votes, including the two Dem senators ....

[republianmushroom]

4. I like it

[Etherealoc1]

5. I was wondering about that.

if they have the votes Roe should be front and centre as well.

[Demsrule86]

6. I don't think we have 60 votes. And I highly doubt the GOP will help.