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Draft of Roe v. Wade opinion leads to calls for Senate vote

03.05.2022

A draft of a Supreme Court opinion overturning Roe v. Wade has resulted in calls from Democrats to codify abortion rights into federal law.

They don't have the votes, and are unlikely to find them under the current configuration of Capitol Hill, where they hold slim majority and face fierce Republican opposition, even though they control the White House and both chambers of Congress.

Sen. Amy Klobuchar, D-Minn, said Tuesday on CBS News that we need to bring the Women's Health Protection Act up for a vote that would guarantee that Roe v. Wade would be the law of the land. Our Republican colleagues have obstructed that from coming up with a vote, sadly for the women of America. We need to immediately call it up for a vote. The Women's Health Protection Act passed the House by a vote of 218 - 211, with every Democrat except Rep. Henry Cuellar of Texas voting in favor and Republicans voting against it.

It has 48 co-sponsors in the Senate, facing opposition from Democratic senators. Joe Manchin of West Virginia and Bob Casey of Pennsylvania describe themselves as pro-life. Susan Collins of Maine and Lisa Murkowski of Alaska say they favor abortion rights but don't support the Women's Health Protection Act.

Senate Republicans have also led a filibuster of the bill. In February it was blocked by a vote of 46 -- 48, with six senators missing the vote.

Senate Majority Leader Chuck Schumer, D-N. Y., said the chamber would vote on the issue again.

He said that it is my intention for the Senate to hold a vote on legislation to codify the right to abortion in law, and called it a dark and disturbing morning for America if the draft reflects the final ruling.

The draft opinion was first reported by Politico. The Supreme Court confirmed the authenticity of the draft, but noted that it didn't represent an official decision by the court or the final position of any justice.

On Monday night, Sen. Bernie Sanders, I-Vt., called for the removal of the filibuster to advance the legislation.

Manchin and Sen. Kyrsten Sinema, D-Ariz., are resolute in support of the filibuster. Collins and Murkowski, who introduced a narrower bill to protect abortion rights, are opposed to weakening the 60- vote threshold and are extremely unlikely to flip while Democrats control the chamber.

Collins, who voted for conservative justices Neil Gorsuch and Brett Kavanaugh, said she was upset with the leaked opinion.

If this leaked draft opinion is the final decision and the reporting is accurate, it would be completely inconsistent with what Justice Gorsuch and Justice Kavanaugh said in their hearings and in our meetings in my office. We won't know each Justice's decision until the Supreme Court officially announces its opinion in this case. President Joe Biden hinted at the legislation roadblock ahead this year, saying in a statement on Tuesday that if the Supreme Court overturns Roe, it will fall on voters to elect pro-choice officials in November. The President said that we need more pro-choice Senators and a pro-choice majority in the House to pass legislation that codifies Roe, which I will work to pass and sign into law at the federal level.