California Democrats vow to codify abortion rights. Here’s why that will be difficult
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Supreme Court Abortion Ruling
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California Democrats again vowed on Friday to codify the right to an abortion into federal law after the U.S. Supreme Court overturned the 1973 Roe v. Wade decision. But they face an enormous roadblock: the U.S. Senate.
It takes 60 votes to pass a cloture motion, the procedural move that cuts off debate. With the current 50-50 partisan split, such a measure faces almost impossible odds. The House passed a bill last fall to protect abortion. But last month, the motion to limit Senate debate failed in a 49-51 vote.
Nevertheless, Democrats vowed to press their case.
“I will do everything I can in the Senate to enshrine reproductive rights in federal law,” said Sen. Alex Padilla, a Democrat. “But with so much on the line, I also urge every American to make their voice heard, especially at the ballot box, to ensure that this generation of women is not left with fewer rights than their mothers.”
House Speaker Nancy Pelosi, D-San Francisco, said that “Democrats will keep fighting ferociously to enshrine Roe v. Wade into law.”
“California has codified reproductive rights into law, it’s long overdue for the rest of the country to do the same,” said Rep. Jim Costa, D-Fresno.
Even if Senate Democrats somehow mustered up enough support for the bill, they’d have to act fast. Republicans are poised to take the majority of the U.S. House of Representatives after the 2022 midterm elections and take the issue off the table.
Meanwhile, California Democrats cautioned about what the Supreme Court ruling foreshadows.
“A cascade of dire consequences and restrictions will now sweep across the country, falling hardest on those who already face the most barriers to care: Black and Brown women, folks who can’t afford care, young people and LGBTQ people, and women suffering domestic violence are now all at the highest risk,” Rep. Jared Huffman, D-San Rafael, said.
“The Court’s ruling sets a dangerous precedent whereby other rights Americans have enjoyed for decades are now in jeopardy, including gay marriage, access to contraceptives, and interracial marriage,” Rep. Mike Thompson, D-St. Helena, said.
“Make no mistake, some women will die because of this decision — whether through unsafe and unregulated abortions, a lack of access to medically necessary lifesaving abortions, or suicide,” Sen. Dianne Feinstein, a Democrat, said. “I remember those dark days, passing a plate in college to collect money for a classmate to go to Mexico for an abortion. This court has returned us to that shameful past.”
California state lawmakers
California law allows people to seek abortions without restriction before fetal viability, the point when doctors determine a fetus could possibly survive outside of the uterus that is largely considered to be around 24 weeks of pregnancy.
The state first legalized abortions well before Roe v. Wade was decided. It has passed several measures since then to reaffirm the right and bolster access to abortion care.
The Supreme Court’s ruling does not strip Californians’ ability to seek an abortion. Officials are bracing for an influx of travelers seeking abortions from states where the procedure is banned.
Democrats in the state Legislature similarly denounced the Supreme Court’s decision in posts on Twitter.
“I share the searing fury felt by the majority of Americans who are angry and scared for what this #SCOTUS decision means,” wrote Senate President Pro Tem Toni Atkins, D-San Diego. “We will not be shoved back into the dark days of desperate decisions. California will not leave people vulnerable to the tyranny of a loud minority.”
“We are in free fall,” Assembly Speaker Anthony Rendon, D-Lakewood, wrote. “A reactionary Supreme Court, enemies of our collective human liberty, has stripped away the constitutional rights of women. And they won’t stop here- same-sex marriage and and contraception may be next.”
“They’re not stopping at abortion. They’re coming for marriage equality & contraception. They’re going to reinstate anti-sodomy laws,” State Sen. Scott Wiener, D-San Francisco, wrote. “This is a battle for the soul of our nation & whether we’ll remain a place where people get to be who we are & make decisions about our lives.”
State Democrats are hoping to put abortion protections into the state’s constitution. They have until June 30 to pass legislation in order for voters to be able to decide on the proposed constitutional amendment in November.
A slew of other bills aimed at bolstering abortion rights are working their way through the legislature.
This story was originally published June 24, 2022 at 12:43 PM with the headline "California Democrats vow to codify abortion rights. Here’s why that will be difficult."
