Frank's Musings

The USSC may overturn Roe v. Wade on the basis that it is unconstitutional. If it does, re-establishing a national right to an abortion will not be a simple matter. Codifying it would only invite another SC challenge and the law would probably be overturned on the same grounds as Roe may be.  In any case, if the Democrats lose control of the Senate, codification would be impossible anyway.  Actually, such a bill would likely be filibustered and would require a 60% majority in order to pass.

Another tactic some suggest would be for a Democratic President to try to pack the Court. This again will not be possible without at least a Democratic majority in both houses of Congress.  Moreover, legislation authorizing an expansion of the Court would also probably be filibustered in the Senate; so, 60 votes would be necessary.   Therefore, the surest way to assure the Right to Choose is to amend the Constitution. Of course, that will require 2/3 Right to Choose majorities in both the House and Senate. Good Luck!