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Sun Jun 23, 2019, 08:24 AM

 

Biden calls for enshrining Roe v. Wade in federal law


BY JUSTIN WISE - 06/23/19 08:00 AM EDT

By DAVID SIDERS 06/22/2019 04:20 PM EDT

COLUMBIA, S.C. – Former Vice President Joe Biden said Saturday that he would work to enshrine into federal law the Roe v. Wade Supreme Court decision upholding abortion rights, as the Democratic presidential frontrunner seeks to mollify critics of his record on reproductive issues.

Biden, speaking at a Planned Parenthood forum two weeks after reversing his opposition to federal funding for most abortions — an early flashpoint in the 2020 presidential campaign — said he would support codifying Roe as defined by a later decision that affirmed the landmark case's central principles.

“It should be the law,” Biden said.

Democratic contenders Sens. Elizabeth Warren and Kirsten Gillibrand, among others, have called for similar legislation amid concerns, in the wake of state laws that drastically limited abortions, that the Supreme Court could overturn Roe.

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https://www.politico.com/story/2019/06/22/biden-roe-v-wade-2020-1376712
If I were to vote in a presidential
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Reply Biden calls for enshrining Roe v. Wade in federal law (Original post)
DonViejo Jun 2019 OP
thesquanderer Jun 2019 #1
mr_liberal Jun 2019 #2
Scurrilous Jun 2019 #3

Response to DonViejo (Original post)

Sun Jun 23, 2019, 08:53 AM

1. Sorry, this sounds stupid. What am I missing?

 

I understand the fear that a conservative court could overturn Roe. But if Roe is codified into law, and the law is challenged in court, that same court could then invalidate the law... because the constitution trumps all laws, and the supreme court decides what's constitutional.

The only thing that would stand more strongly in the way of a conservative court being able to overturn Roe would be a constitutional amendment, not a law. That's what would make it unambiguously constitutional and that's what the court would look at. "Laws" in no way constrain the court's decisions... in fact, their role is essentially to decide which ones stand. So I don't see the point of this at all.
If I were to vote in a presidential
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Joe Biden

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Response to DonViejo (Original post)

Sun Jun 23, 2019, 09:21 AM

2. This might be worth doing.

 

It would put the Supreme Court in a difficult position. Would they want to overturn a very high profile federal law? It seems like it would further strengthen the original Roe ruling, and that's the way it should be written.

An amendment would obviously be better, but a federal law would be second best

The problem I see with it is if it wouldn't pass, then that would make Roe look more weak. They'd have to be absolutely certain they had the votes before trying it.

They should just win in 2020 and replace Thomas, Ginsburg, and Breyer. Problem solved.
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Response to DonViejo (Original post)

Sun Jun 23, 2019, 09:46 AM

3. K&R

 

If I were to vote in a presidential
primary today, I would vote for:
Joe Biden

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