Enacting a Federal Abortion Law Would Require Nuking the Legislative Filibuster

Until the Senate takes that first step, the possibility that Congress would enact a significant federal law protecting or limiting abortion remains remote.

Share this story

House Speaker Nancy Pelosi (D-CA) speaks during a news conference about the House vote on H.R. 3755, the “Women’s Health Protection Act” legislation at the U.S. Capitol in Washington, D.C., September 24, 2021.

Kevin Lamarque/Reuters

If Roe is overturned, would the legality of abortion really depend on state laws, or would Congress step in to enact a policy for the entire country?

That question has been asked by Ilya Somin at Reason and Allahpundit at HotAir in recent days, but the answer depends first on something neither writer addresses: the filibuster.

John McCormack

About the Author

John McCormack

John McCormack is a former Washington correspondent for National Review and was a fellow at the National Review Institute.

Comments

Advertisement

Advertisement