• Biden called for codifying Roe v. Wade into law amid reports that the Supreme Court is set to overturn it.
  • Biden also said it will "fall on voters to elect pro-choice officials this November." 
  • But codifying abortion protections into federal law is likely to be a difficult, uphill battle.

Following the leak of a draft opinion showing a majority of Supreme Court justices in support of overturning Roe v. Wade President Joe Biden called on voters to elect more lawmakers who support abortion rights.

"We do not know whether this draft is genuine, or whether it reflects the final decision of the Court," the president said in a statement issued Tuesday morning.

He went on to argue that his administration has argued "strongly" in support of abortion rights before the Supreme Court, and said it had been preparing responses to "the continued attack on abortion and reproductive rights" following the enactment of an extreme anti-abortion law, SB 8, in Texas last summer.

The Department of Justice sued Texas over the law, which broadly bans abortions after six weeks, and the Supreme Court later ruled that abortion providers can federally challenge the law.

"I believe that a woman's right to choose is fundamental, Roe has been the law of the land for almost fifty years, and basic fairness and the stability of our law demand that it not be overturned," said Biden. "We will be ready when any ruling is issued."

But Biden's strongest message was to voters, calling on them to elect more lawmakers who are supportive of abortion rights.

"If the Court does overturn Roe, it will fall on our nation's elected officials at all levels of government to protect a woman's right to choose," said Biden. "And it will fall on voters to elect pro-choice officials this November." 

"At the federal level, we will need more pro-choice Senators and a pro-choice majority in the House to adopt legislation that codifies Roe, which I will work to pass and sign into law," he added.

While the House of Representatives passed a bill in September that would codify Roe v. Wade into law on party lines, Democrats failed to amass enough votes to pass the bill in the Senate in February. And codifying Roe is likely to be incredibly difficult, given the Senate's filibuster.

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