RAW EXECUTIVE POWER GRAB: America-Buster Biden Goes After the Filibuster

Sens. Kyrsten Sinema, D-Ariz. and Joe Manchin, D-W.V., declared Thursday they would not go along with President Joe Biden’s request that Congress remove the Senate filibuster to “codify Roe v. Wade.”

Biden Wants the Senate To Use Raw Legislative Power To Protect Abortion Rights

‘I believe we have to codify Roe v. Wade in the law,’ he says.

By Stephen Parker, NY Sun, July 1, 2022:

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The announcement by President Biden today that he will support an exception to the Senate filibuster to codify the right to abortion into law represents an attempt to use what might be called raw legislative power to secure what couldn’t be secured by “raw judicial power.”

The phrase “raw judicial power” was used by one of the dissenters, Justice Byron “Whizzer” White, when Roe v. Wade was decided in 1973. The use of raw judicial power by the Supreme Court was able to sweep aside state laws prohibiting abortion, but it failed to resolve the controversy.

Recognizing that failure, the Supreme Court returned the abortion issue to the legislatures. So now Mr. Biden wants to short-circuit the normal procedures of the Senate in the hopes of forcing through a law that can’t currently pass.

“I believe we have to codify Roe v. Wade in the law, and the way to do that is to make sure that Congress votes to do that,” Mr. Biden said Thursday at Madrid.

This is a reversal from the position he held at the beginning of the presidency, when he said ending the filibuster would “throw the entire Congress into chaos.” However, the president has also supported a filibuster exception to pass changes to election law.

Senators Manchin and Sinema have previously demurred on ending the filibuster to protect abortion rights. “The filibuster is the only protection we have in democracy,” Mr. Manchin said when asked about the prospect in May. At that time, Mr. Manchin also voted with Republicans against a bill that would have enshrined abortion rights into law.

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Wall Street Journal: President Biden endorsed making an exception to filibuster rules to pass legislation codifying Roe v. Wade into law, an effort that would face obstacles because of key Democrats’ opposition to the move. “The most important thing to be clear about is we have to codify Roe v. Wade into law and the way to do that is to make sure Congress votes to do that,” Mr. Biden told reporters during a press conference in Spain. “And if the filibuster gets in the way, it’s like voting rights, it should be provided an exception for this…to the filibuster.” Changing the filibuster rules of the Senate would allow legislation protecting abortion access to pass the chamber with 51 votes rather than the 60 votes usually required for bills to advance. Mr. Biden had previously backed an exception to filibuster rules to pass long-stalled election bills. The filibuster could be changed with a simple majority vote, but not all Democrats in the 50-50 Senate are on board with such a move, saying it would fundamentally change the nature of the Senate and could backfire if the GOP takes control of the chamber (Wall Street Journal). Fox News: Democratic Sens. Joe Manchin of West Virginia and Kyrsten Sinema of Arizona have opposed efforts to throw out the filibuster throughout Biden’s administration. Manchin has reiterated his support for the rule even after the end of Roe (Fox News).