Democratic Presidential Nominee Joe Biden revealed on Monday that if he is elected president and if Judge Amy Coney Barrett is confirmed to the Supreme Court of the United States he will push legislation to make Roe v. Wade “the law of the land,” Breitbart reports.
“Number one, we don’t know exactly what she will do, although the expectation is that she may very well move to over … overview … overrule Roe,” Biden said in response to a question posed at NBC’s recently held town hall event. “The only responsible response to that would be to pass legislation making Roe the law of the land. That’s what I would do.”
Biden’s running mate, Sen. Kamala Harris (D-CA) repeated this during the vice presidential debate on Wednesday, saying, “I will always fight for a woman’s right to make a decision over her own body. It should be her decision, not that of Donald Trump or Mike Pence.”
Roe v. Wade is the famous case in which the Supreme Court read into the Constitution the right of a woman to choose to have an abortion.
Biden finally says something definitive on the subject
For weeks now, including during the first presidential debate, Biden has dodged important questions on what he would do, if elected, should Barrett be confirmed to the Supreme Court. Harris (D-CA) has followed suit.
Both Biden and Harris have refused to say, for example, whether they would be willing to push court packing, if elected.
In combination with this refusal to inform the electorate, both Biden and Harris have been pushing the narrative that a Supreme Court with Barrett, a devout Catholic, equals the end of abortion rights.
Now, however, Biden appears to have found a way to get the weight off of his shoulders, so-to-speak, with regard to the Supreme Court vacancy issue: He is going to pursue pro-choice legislation if elected.
Reading between the lines
We ought to notice a couple of things about Biden’s response. With it, Biden dismisses the idea that a Supreme Court with Barrett automatically equals the end of Roe v. Wade. That’s a departure from his party’s narrative, and it is a point that has been made over and over again by conservative commentators.
The same can be said of Biden’s idea to make Roe law. If, hypothetically, a Supreme Court with Barrett were to overturn Roe, deeming it unconstitutional for whatever reason, then pro-choice adherents would be perfectly within their rights to pursue pro-abortion legislation. That’s how our system is supposed to work.
So, what we have to ask ourselves is, “Why are Biden and Harris all of a sudden pushing a sensible approach – the Constitutional approach – to the Supreme Court issue?” He has already, for example, upset some pro-choice supporters, who say that pursuing legislation to protect Roe is not enough.
The answer is clear: it is just another case of Biden being Biden – of Biden saying what he thinks needs to be said, whether it be fact or fiction, in order to gain political power. After that power is gained, anything and everything is on the table. We’ll have to see how Biden’s new stratagem works out for him.