Biden Says End Filibuster to Codify Roe


Logan Sekulow

June 30

4 min read

Pro Life



Less than one week after its historic ruling that overturned Roe v. Wade, President Biden is challenging the Supreme Court, calling for the end of the Senate filibuster in order to codify Roe.

At a press conference in Madrid, President Biden stated:

The one thing that has been destabilizing is the outrageous behavior of the Supreme Court of the United States, in overruling not only Roe v. Wade but essentially challenging the right to privacy.

It is almost unheard of for a sitting President to undermine the decision of another branch of government like this. But President Biden then suggested rather alarming action to step around the Supreme Court and make Roe permanent:

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. And if the filibuster gets in the way, it’s like voting rights. It should be, we provide an exception for this. We require an exception from the filibuster to deal with this action, to deal with the Supreme Court’s decision.

In other words, the President and the radical Left are willing to cheat in order to supersede the authority of another branch of government because it followed the Constitution and didn’t just do what he wanted. And to do it, they’re just going to throw out the filibuster. Fortunately, it’s not that easy as Congress doesn’t have the votes, at least not quite yet. But clearly, the threat is real.

As ACLJ Director of Government Affairs Thann Bennett explained, the rabid Left already has a bill loaded to do just that:

This is something that we warned about even before the decision in Dobbs came down. This is something that Democrats in Washington D.C. have been telegraphing for some time now. There is a bill called the Women’s Health Protection Act that would codify Roe v. Wade into federal law, and it would go a lot further than that. We can get into some of these details later maybe, but it would also eviscerate all state protections for life both that have already passed and in the future. They’ve passed that in the United States House and they’ve tried to pass it twice in the United States Senate and failed.

I will tell you this, we told listeners that if Dobbs went the right way, they would come back. They would try to change the filibuster. They would either try to change it outright or they would try to pass this carveout, saying you know, this issue is just too big for a filibuster to carry, and then they would try to codify Roe. But Logan you’re right. We have to start here. Something the President is not saying, currently in the United States Senate, they don’t even have a simple majority.  The filibuster is not blocking this. They only have 49 Senators in favor of ending the filibuster, and Logan when they took this vote just a couple of weeks ago, only 46 Senators voted in favor of codifying Roe. There were another three who weren’t there, but even that, I was pretty good in math growing up and that’s 49. That is not a simple majority out of a hundred Senators.

It’s not a majority, but that is certainly a razor-thin margin. This is why we are constantly saying that elections have consequences. With midterm elections approaching this November, that margin could either widen, shrink, or be completely turned on its head. And it’s worth noting that, as we were on the air, Justice Ketanji Brown Jackson – President Biden’s first nominee – was officially sworn in as the 116th Justice of the U.S. Supreme Court.

Today’s full Sekulow broadcast includes further in-depth discussion of the President’s press conference and this disturbing challenge to the authority of the Supreme Court.

Watch the full broadcast below: