President Joe Biden has frequently promised to undo Trump-era abortion rights changes and make Roe v. Wade safeguards the law if re-elected. However, Biden and Democrats nationwide would have to overcome several obstacles to do that.
law reached Biden's desk after a long, complex route starting with the 2024 election. Biden would have to win the White House again in November and Democrats must recapture the House and Senate to pass that legislation. That would mean nationwide and ballot-wide triumphs.
“There are major hurdles,” said University of Virginia Law School family planning specialist Naomi Cahn. “If you, the American people, send me a Congress that supports the right to choose, I promise you I will restore Roe v. Wade as the law of the land again,” with Congress first reconstituted.
Even if Democrats won November, Senate difficulties remain. They need 60 Democratic votes to override a Republican filibuster or 50 Democrats to make an exception.
Whether "Congress has the authority under the Constitution to guarantee access to abortion," Cahn added, would undoubtedly be challenged if Biden signed abortion laws into law.
Trump said in a video on Monday that states can pass reproductive rights laws. He didn't explain how he'd handle a federal abortion ban if elected president.
In response to the statement, Biden's campaign convened a media call Monday, calling Trump dangerous and citing his past support for a nationwide abortion ban and inconsistent statements.
“For 50 years, women had no fundamental rights concerns... It was taken by Trump. Biden assured supporters that women now have fewer rights than their moms and grandmothers..." It will sway millions of voters."
Trump spokesperson Karoline Leavitt declared Biden "radically out of touch with the majority of Americans on the issue of abortion." In a tight election against Trump, the Biden team believes abortion will turn out votes for the Democrats.
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