Government
Jul. 12, 2022
Congress needs to act now
Of course, just as Democrats can pass a national law protecting abortion rights, so when there is a Republican President and a Republican Congress can there be a law prohibiting abortions everywhere in the United States. But this possibility should not keep the Democrats from acting now.
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
There is one and only one way to protect a right to abortion for women everywhere in the United States: Congress must adopt a federal statute protecting abortion rights. This would preempt any state laws outlawing abortions. This is realistic with Democrats controlling both houses of Congress and a Democrat in the White House, so long as there are the votes to change the Senate rules on the filibuster to make it happen. But the Democrats must act quickly because of t...
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