It’s the Dem Establishment’s Fault that “Roe” isn’t Codified!
Wait! Not So Fast…
Issue #75 American History June 30, 2022 (About 5 minutes reading time.)
Being “pro-choice” is not the same as being “pro-abortion.”
Many people are against abortion, but many of those same people believe it is not up to them to decide what a woman does with her own body. That’s why “a woman’s right to choose” was decided based on the right to privacy guaranteed in the 14th Amendment.
Now that the Supreme Court of the United States has, for the first time in American history, upended a constitutionally protected right by reversing the 1973 Roe v Wade decision on a woman’s choice, many people are asking why “Roe” wasn’t codified into law.
A lot of Democrats, and especially progressive Democrats, are blaming Joe Biden, Nancy Pelosi, and other “Democratic Establishment” leaders for not making a woman’s right to choose an actual law in the almost 50 years since “Roe” was decided.
Hold Up. Let’s remember how something becomes law in the U.S.
There are three (supposedly) independent co-equal branches of our Federal government: the Legislative Branch (the Congress), the Executive Branch (the President and Cabinet), and the Judicial (the Supreme Court). Laws are made after the bill passes both houses of Congress, and then signed (or vetoed) by the president, and (if necessary) declared constitutional (or not) by the Supreme Court. This is called “checks and balances,” and the process is deliberately long and complicated most of the time.
A simple but complete explanation of how a bill becomes law is presented in one of the award-winning “School House Rock” videos. “I’m Just a Bill” was published in 1976:
How and when did abortion become such a divisive political issue?
Believe it or not, when “Roe” was decided, an equal number of Democrats AND Republicans believed in a woman’s right to choose. Believe it or not, even a majority of so-called evangelicals also believed in a woman’s right to choose.
In 1973, full abortion rights were legal in four states, and in 14 more states, abortion was legal in certain circumstances. The Catholic Church opposed abortion, but the Southern Baptist Convention, the largest evangelical denomination, declared on record that abortion should be allowed in many circumstances.
In 1977, 39% of Republicans said abortion should be legal in all circumstances, while just 35% of Democrats believed in “abortion on demand.”
Enter the ultra-conservative people such as the late Phyllis Schafly (who worked against the ratification of the Equal Rights Amendment) and organizations such as Focus on the Family. The issues of allowing public prayer (only Christian prayer, of course), being against homosexuals, rising divorce rates, and the growth of women going into the workforce and leaving behind their “traditional” roles of being homemakers and mothers only were deemed “anti-family” and “liberal socialism.”
In 1980, the Southern Baptist Convention passed a resolution opposing abortion, reversing its policy from 1973. The 1980 election of Ronald Reagan also emboldened the evangelicals and was the beginning of abortion and other social issues becoming “wedge issues” for Republicans.
In 1983, the Senate voted on a proposed constitutional amendment that would have overturned Roe. Thirty-four Republicans and 15 Democrats in the affirmative, while 19 Republicans and 31 Democrats, including Senator Joe Biden, voted against putting an abortion ban into the Constitution.
Republican President George H.W. Bush previously supported abortion rights but became an opponent when he ran for president.
Democratic President Bill Clinton previously opposed abortion but became an abortion-rights supporter when he ran for president.
In 1991, 45% of Democrats and 41% of Republicans supported abortion on demand. By about 2000, 45% of Democrats still supported full abortion access, while the Republican support declined to 31%.
Why hasn’t Roe been codified in all of these years?
It is important to first remember that the majority of people believed that when Roe v Wade was decided, that it was stare decisis or “settled law.” So even though there were attempts to overturn Roe, most people thought it was safe as federal protection.
This current Supreme Court is proving that stare decisis is under attack; Justice Clarence Thomas wants to reverse decisions on same-sex marriage and contraception should be revisited. Interestingly, Thomas says nothing about the decision that made interracial marriage legal in this country.
The second-most important thing to remember is that in the almost 50 years since “Roe” was decided, there have been only four two-year Congressional sessions when the Democrats had a “unified” government, meaning Democrats held both the presidency and both houses of Congress, a total of only eight years out of 50.
The last time Democrats had a unified government was the 111th Congress under President Barack Obama from 2009-2011. During that time, Obama was bringing us out of the largest economic recession since the Great Depression, and he also got passed the Affordable Care Act. For the remaining six years of his administration, the Republicans fought him tooth and nail against anything and everything Obama advocated, including “stealing” a Supreme Court nomination.
In 2021, the current House of Representatives voted 218-211to pass the “Women’s Health Protection Act,” which would have codified “Roe.” The Act did not pass in the Senate. One House Democrat (Henry Cuellar of Texas) and one Senate Democrat (Joe Manchin of West Virginia) voted against codifying Roe. All of the Republicans in the House and in the Senate voted against codifying Roe.
President Joe Biden wants to sign a bill codifying Roe, but it will not pass the current Congress. If he “just” signs an executive order, that initiative can be undone by the next president.
During a press conference on June 30, 2022, after the G7 2022 Conference, President Biden again expressed his support for codifying Roe and implored the Senate to “carve out” a filibuster rule to make that happen. Senator Joe Manchin (D-WV) already stated he would be in favor of that narrow filibuster change. It is not clear that Senator Kirsten Simena (D-AZ) will lend her support, although she’s stated that she is for abortion rights.
If the 50-50 Senate, along with the vote of Vice President Kamala Harris, cannot change the filibuster for codifying Roe, then the only other option is to make sure that we have at least two more Senators willing to change the. filibuster after the 2022 midterms.
So what can be done now?
I am going to continue to shout it from the “We Are Speaking” rooftop: VOTE BLUE! That includes voting in your Congressional, state, and local elections.
Yes, Joe Biden is not popular with a lot of Democrats, especially with progressive Democrats, and yes, the Democrats seem to not have done a lot of what people have wanted them to do in this present Congress when they, in theory at least, have majorities in both houses.
Another reminder: Bill Clinton, Barack Obama, and Joe Biden were/are “center-left” Democrats instead of being full-blown progressives. Even though many Democrats are not “progressives,” a lot of progressive issues are at the forefront of Democratic policies and activities. The country as a whole is “center-right,” but the Republicans are increasingly far-right/authoritarian.
Our choice is “center-left” leaders who often at least lean towards progressive issues who want to keep our rights and our democracy, or total far-right authoritarians who want to destroy our very democracy.
I previously published an article about why Biden and the Dems have done much more in the 18 months of this administration than they are given credit for.
But, if Republicans take over one or both houses in the November 2022 midterms, absolutely nothing will be done about “Roe.” As a matter of fact, absolutely nothing positive will be done to help people and hold onto or advance our rights.
Democrats seem to want perfection from their leaders and representatives, while Republicans do not care that many of their leaders and representatives are not only liars, thieves, crooks, election deniers, accused pedophiles, proven adulterers, and conspiracy-theory spreaders. All they care about is power for themselves and the ability to enact authoritative minority rule permanently.
I am asking you to think carefully as the midterm elections are starting up. IMHO (“In My Humble Opinion”), not voting blue is not an option.
Let’s start a conversation in our Community. Please let us know your thoughts in the comments.
