Biden vows codifying Roe decision would be first bill in an expanded Democratic majority

WASHINGTON – President Joe Biden said Tuesday that reinstating abortion protections of Roe v. Wade would be the first bill he sends to the next Congress if Democrats expand their majority in the Senate and maintain control of the House in next month's midterm elections.

"Together, we'll restore the right to choose for every woman in every state in America," Biden said at a Democratic National Committee rally from the Howard Theatre in Washington. "We can do this if we vote."

Biden said he hopes to sign the bill by the 50th anniversary of the Roe decision, which was the precedent for nearly five decades before the Supreme Court in June ruled Americans no longer have a constitutional right to abortion.

More: Exclusive: Concern about abortion explodes among Democrats, fueling a push to vote

The Supreme Court issued its Roe decision on Jan. 22, 1973, meaning Biden and Democrats in the next Congress would have to act fast to meet the goal.

Biden's pledge, delivered in front of women holding "restore Roe" and "defend choice" signs, sought to elevate abortion rights less than one month before the midterms. Republicans have strong odds to regain control of the House and are in position to perhaps take the Senate.

Democratic candidates in several battleground states – recognizing public opinion is on their side on abortion access – have worked to make restoring abortion rights central to their races. But recent polling has shown abortion has taken a back seat among voters to their growing fears about the economy and inflation.

"Right now, we're short a handful of votes," Biden said of codifying Roe. "If you care about the right to choose then you got to vote. That's why these midterm elections are so critical."

Although Democrats hold control of the 50-50 Senate because of Vice President Kamala Harris' tie-breaking vote, they've lacked the votes to restore abortion rights nationally and overcome a Republican-led filibuster on the issue. The Senate voted 49-51 in May to defeat the Women's Health Protection Act of 2022, with Sen. Joe Manchin, D-W.Va., joining all Senate Republicans in opposition.

More: Abortion ruling's rapid impact: 66 clinics have stopped doing procedure in these 15 states

Biden warned that Republicans will try to ban abortion nationally if they regain control Congress, pointing to recent legislation introduced by Sen. Lindsey Graham, R-S.C., that would prohibit an abortion procedure after 15 weeks of pregnancy.

"If Republicans get their way with a national ban, it won't matter where you live in America," Biden said. "So let me be very clear: If such a bill were to pass in the next several years, I'll veto it."

Republicans and anti-abortion groups slammed Biden's speech. Ronna McDaniel, chairwoman of the Republican National Committee, said Biden is "deeply out of touch with the concerns of families," characterizing his position on abortion as "extreme." She added that "Democrats can't distract" from Biden's record of historic inflation.

Marjorie Dannenfelser, president of Susan B. Anthony Pro-Life America, said "the stakes of the midterm elections could not be higher" and urged Republicans to go on the offensive on abortion.

“Doubling down on an extreme agenda of abortion on demand until birth won’t stop Democrats from losing Congress," she said, arguing "Biden’s party is on the wrong side and stunningly out of touch."

Since the Supreme Court's Dobbs decision in June that overturned Roe, 16 states have enacted near-total abortion bans, while several other Republican-led states have taken steps toward bans. A report from the Guttmacher Institute found that at least 66 clinics had stopped offering abortion services following the court's decision.

In August, Biden signed an executive order that seeks to ease access for individuals seeking reproductive health-care services, including expanding Medicaid to cover travel costs to other states that allow abortions.

Biden said the final say on abortion does not rest with the Supreme Court or "extremist Republicans" in Congress:

"Your right to choose rests with you. And if you do your part and vote, Democratic leaders in Congress I promise will do their part. And I'll do my part."

Reach Joey Garrison on Twitter @joeygarrison.

This article originally appeared on USA TODAY: Biden vows codifying abortion rights will be first action of Democrats