Abortion activists rioted when Joe Biden did nothing after the Supreme Court shot down Roe. He responded with an executive order that does not restore federalized abortions.
He then moved on to urge Congress to “codify” Roe, despite the fact that the Supreme Court ruled the power has been restored to the states.
President Joe Biden repeated his call to “codify Roe,” meaning abortion would be legal until the point of birth nationwide, during his remarks from the White House on the abortion industry on 7/8/2022.
But now, it appears experts are claiming Biden’s move could be unconstitutional.
From Robert Levy, via The Hill:
Put bluntly, it won’t work. Congress is not constitutionally authorized to prescribe a national abortion regimen.
First, there is the Tenth Amendment, which mandates that all powers not enumerated and delegated to the federal government are reserved to the states…
…the Dobbs decision declared unequivocally that there is no constitutional right to abortion. And Congress has no veto power over court decisions that apply the Constitution to the states.
Joe Biden demanded Congress pass a bill that would “codify” abortion rights across all fifty states. Democrats already tried to push a bill like that before the Dobbs decision came out.
But it was shot down because it went beyond Roe and protected “abortion on demand.”
Experts are now pointing out that, with the Supreme Court’s decision, Congress does not have the power to override it.
The 10th Amendment makes it clear that powers not specifically granted to the federal government are automatically reserved for the states.
Which means, just on the face of it, Congress does not have the power to legalize abortion, when that is something only the states can decide.
On top of that, the decision by the court specifically says the power was given back to the states. And Congress just can’t “veto” a ruling by the courts—votes or no votes.
So, it appears Biden is urging Congress to violate the Constitution by disobeying the highest court in the land.
Directing lawmakers to break the law and violate the court? Does that fall under “high crimes and misdemeanors”?
We can’t say for sure. But you better believe Republican lawyers are looking at this very closely right now.
- Joe Biden ordered Congress to defy the Supreme Court and “codify” Roe.
- Experts point out that Congress cannot take power reserved to the states.
- The court’s decisions specifically declared the states have to decide abortion access.