Momentum builds behind push to pass laws enshrining abortion rights
Democratic hopefuls vying to take on President TrumpDonald John TrumpSenate advances public lands bill in late-night vote Warren, Democrats urge Trump to back down from veto threat over changing Confederate-named bases Esper orders ‘After Action Review’ of National Guard’s role in protests MORE are leading a push to enshrine abortion rights in federal law in response to a series of states passing legislation to ban the procedure.
Several Democratic candidates for president have pounced on the idea of codifying the Roe v. Wade decision with legislation as a way of highlighting their support for abortion rights, and in direct response to an Alabama state measure that would outlaw almost all abortions, even in cases of rape and incest.
“Federal law should supersede harmful state laws that take away women’s reproductive freedom,” Sen. Kirsten GillibrandKirsten GillibrandWarren, Democrats urge Trump to back down from veto threat over changing Confederate-named bases Warren, Pressley introduce bill to make it a crime for police officers to deny medical care to people in custody Senate Dems press DOJ over coronavirus safety precautions in juvenile detention centers MORE (D-N.Y.) said.
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Six candidates so far have backed the idea in some capacity: Gillibrand, Sens. Cory BookerCory Anthony BookerRand Paul introduces bill to end no-knock warrants Black lawmakers unveil bill to remove Confederate statues from Capitol Harris grapples with defund the police movement amid veep talk MORE (D-N.J.) and Elizabeth WarrenElizabeth WarrenWarren, Democrats urge Trump to back down from veto threat over changing Confederate-named bases OVERNIGHT DEFENSE: Joint Chiefs chairman says he regrets participating in Trump photo-op | GOP senators back Joint Chiefs chairman who voiced regret over Trump photo-op | Senate panel approves 0B defense policy bill Trump on collision course with Congress over bases with Confederate names MORE (D-Mass.), as well as former Rep. Beto O’RourkeBeto O’RourkeBiden will help close out Texas Democrats’ virtual convention: report O’Rourke on Texas reopening: ‘Dangerous, dumb and weak’ Parties gear up for battle over Texas state House MORE, former Sen. Mike Gravel of Alaska and former Colorado Gov. John HickenlooperJohn HickenlooperGun control group rolls out first round of Senate endorsements The Hill’s Campaign Report: Republicans go on attack over calls to ‘defund the police’ Hickenlooper ethics questions open him up to attack MORE.
Another 18 have yet to take positions on the issue, which could become a litmus test in the Democratic race.
The campaign promises come shortly after Alabama’s Gov. Kay Ivey (R) signed into law the nation’s most restrictive abortion ban. Legal challenges are expected, while Ivey acknowledges that the ban “may” be unenforceable. Missouri’s state legislature, meanwhile, is expected to approve a similar measure soon.
A number of 2020 hopefuls lambasted the measure, calling it “dangerous” and declaring it a “war on women” that they vowed to see overturned.
“As president, I will codify Roe v. Wade. I will make it clear beyond a shadow of a doubt that women in this country have a guaranteed right to an abortion,” Gillibrand said Thursday at a rally centered on abortion rights at Georgia’s state house.
“We need to pass it through the House and Senate, and I look forward to signing that law when I become president,” Booker told BuzzFeed News.
“Right now I am calling for it, even though obviously with Mitch McConnellAddison (Mitch) Mitchell McConnellSenate advances public lands bill in late-night vote GOP senator to try to reverse requirement that Pentagon remove Confederate names from bases No, ‘blue states’ do not bail out ‘red states’ MORE and a [majority Republican] Senate, we would not see a vote.”
Several states, including Georgia, have passed similarly restrictive laws in recent months that aim to restrict abortion access. The so-called heartbeat abortion bans outlaw abortions after a fetal heartbeat is detected — usually around six weeks of pregnancy, before most women know they are pregnant.
The laws, most facing legal challenges, are an attempt by abortion opponents to get the Supreme Court to weaken or overturn Roe v. Wade by revisiting a key component of the ruling that said states can’t place certain restrictions on abortion.
Congress won’t pass a bill to codify the legality of abortion if Republicans keep control of the Senate in 2020, but presidential candidates are putting the stake in the ground now ahead of a Democratic primary where women are expected to once again make up the majority of voters.
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Warren announced her sweeping platform on abortion policy Friday, which called for Congress to pass a law that parallels Roe v. Wade.
“Because these federal protections would be valid on a variety of constitutional grounds — including equal protection and the commerce clause — they would ensure that choice would remain the law of the land even if the Supreme Court overturns Roe,” Warren said.
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Warren’s plan would pass federal legislation to prevent states that “functionally limit” access to abortion and would guarantee reproductive health coverage be included in all health coverage.
A spokesperson for O’Rourke’s campaign told The Hill that the former Texas congressman “supports fully protecting Roe v. Wade, codifying it into federal law, repealing the Hyde Amendment, expanding access to reproductive health care, and fighting to defend a woman’s right to access an abortion in every part of this country.”
Gravel has proposed passing a constitutional amendment guaranteeing Americans personal autonomy “including the rights to contraception, to safe and legal abortion, and to gender transition.”
Hickenlooper, a longshot candidate and the former governor of Colorado, has said the next president “must act to enshrine Roe v. Wade into law.”
Still, other Democrats running for president have been noncommittal or silent on the issue.
South Bend, Ind., Mayor Pete ButtigiegPete ButtigiegScaled-back Pride Month poses challenges for fundraising, outreach Biden hopes to pick VP by Aug. 1 It’s as if a Trump operative infiltrated the Democratic primary process MORE said this week that the idea should be “taken seriously” while condemning the Alabama law, but did not directly say whether he supported it.
“I think the full range of responses needs to be contemplated because we can’t just keep having this play out one Supreme Court point at a time,” he said.
Sen. Kamala HarrisKamala Devi HarrisRand Paul introduces bill to end no-knock warrants The Hill’s Campaign Report: Biden campaign goes on offensive against Facebook McEnany says Juneteenth is a very ‘meaningful’ day to Trump MORE (D-Calif.) says on her campaign website that she is fighting to ensure “reproductive rights are not just protected by the Constitution of the United States but guaranteed in every state,” but has not laid out details on a policy proposal.
Presidential front-runners including former Vice President Joe BidenJoe BidenHillicon Valley: Biden calls on Facebook to change political speech rules | Dems demand hearings after Georgia election chaos | Microsoft stops selling facial recognition tech to police Trump finalizing executive order calling on police to use ‘force with compassion’ The Hill’s Campaign Report: Biden campaign goes on offensive against Facebook MORE and Sen. Bernie SandersBernie SandersThe Hill’s 12:30 Report: Milley apologizes for church photo-op Harris grapples with defund the police movement amid veep talk Biden courts younger voters — who have been a weakness MORE (I-Vt.) have not commented on the proposal, but have spoken out against the Alabama ban.
The campaigns for Harris, Biden and Sanders have not replied to a request for comment.
Gillibrand became the first 2020 candidate to commit to appoint judges who would preserve Roe v. Wade, later followed by Sanders and Reps. Eric SwalwellEric Michael SwalwellNASCAR bans display of Confederate flag from events and properties Gloves come off as Democrats fight for House seat in California Grenell says intelligence community working to declassify Flynn-Kislyak transcripts MORE (Calif.) and Seth MoultonSeth MoultonEx-CBO director calls for more than trillion in coronavirus stimulus spending Overnight Defense: Trump’s move to use military in US sparks backlash | Defense officials take heat | Air Force head calls Floyd’s death ‘a national tragedy’ Democrats blast Trump’s use of military against protests MORE (Mass.).
The issue could rally Democrats who support abortion rights, particularly among female voters who helped drive the party to victory in reclaiming the lower chamber during last year’s midterm elections. Seventy-eight percent of Democratic women, and 73 percent of Democratic men, say abortion should be legal in all or most cases, according to a poll conducted by the Pew Research Center in September 2018.
NARAL Pro Choice America President Ilyse Hogue said it’s important not only for candidates to speak out against abortion bans, but to lay out their ideas for how to protect access.
“We want to hear how they will protect an abortion access and start to take us out of the hole that we’re in,” she said.
“This needs more than feel good words. It needs a well thought out policy plan.”
2020 Democratic candidates who back the idea:
Sen. Cory Booker (N.J.)Sen. Kirsten Gillibrand (N.Y.)Former Sen. Mike Gravel (Alaska)Former Colorado Gov. John HickenlooperFormer Rep. Beto O’Rourke (Texas)Sen. Elizabeth Warren (Mass.)
Dem candidates who have not said whether they back the idea:
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