Democratic presidential nominee Joe Biden photo credit: Gage Skidmore / Flickr |
At the event, Biden asked what he would do to protect "reproductive health rights" if Judge Amy Coney Barrett was confirmed to the Supreme Court. Biden gave the following response:
“Number one, we don’t know exactly what [Barrett] will do, although the expectation is that she may very well move to overrule Roe, and what the only thing--the only responsible response to that would be to pass legislation making Roe the law of the land,” said Biden. “That’s what I would do.”
Roe v. Wade must remain the law of the land. pic.twitter.com/1Gq6Ncc2IK
— Joe Biden (@JoeBiden) October 6, 2020
If Roe v. Wade is overturned by a court with Amy Coney Barrett, it would not be immediately outlawed, nor would it be easy to reinstate the policy as a federal law. The ability to grant the right to abortion would be left to individual states. Furthermore, federal bills designed to codify a right to abortion would be unlikely to gain the majority required to overcome a filibuster.