President Joe Biden has been insistent ever since he was running for president that he would look to codify Roe v. Wade, even though the bill in mind to do so, the Women's Health Protection Act (WHPA), would actually expand the decision. He ramped up on such a priority once the Dobbs v. Jackson decision was leaked, and then officially handed down, especially as we got closer to last week's midterm election. Now that it looks like the Democrats have done better than expected, though, Biden may be pulling back.
REPORTER: "What can Americans expect from Congress as it relates to abortion rights after the midterms?"
— Townhall.com (@townhallcom) November 14, 2022
BIDEN: "I don't think they can expect much of anything...I'm not gonna get into more questions. I shouldn't even answer your question." pic.twitter.com/XV24Lb2FBr
While taking questions in Bali, Indonesia as part of the G20 summit, the president was asked "what can Americans expect from Congress as it relates to abortion rights after the midterms," to which he gave a rather quick and unhelpful response.
"I don't think they can expect much of anything," he told the reporter, though he did add "other than we're going to maintain our positions." Biden went on to say "I'm not gonna get into more questions. I shouldn't even answer your question."
Maintaining a position is one thing, especially since the Democrats made this such a fear-mongering issue leading up to last week's election. At one point, he even gave remarks about how passing the WHPA was what he hoped for from the next Congress. White House Press Secretary Karine Jean-Pierre even had trouble answering as to if abortion or inflation was the president's priority.
That may have been for nothing, though, as even Biden is acknowledging.
What happened to the rallying cry? Biden and the Democrats had promised that if they elected enough pro-abortion Democratic senators, they could nuke the filibuster and get such a bill passed. Even with Democrats in control due to Vice President Kamala Harris' tie-breaking vote, the WHPA is so extreme that it didn't even enjoy a majority of support in the Senate, let alone the 60 votes required to overcome the filibuster. Sen. Joe Manchin (D-WV) came out against it, as did Sens. Susan Collins (R-ME) and Lisa Murlowski (R-AK), who want to codify Roe but acknowledge this goes too far.
While the midterm elections may be disappointing, there is a silver lining here, one that Biden himself appears to have acknowledged. With Sen. Catherine Cortez Masto (D-NV) declared the winner on Saturday night, Democrats maintain control of the Senate. Even if Sen. Raphael Warnock (D-GA) were to win his reelection in next month's runoff against Herschel Walker, the Senate still does not have enough votes to nuke the filibuster. This is assuming that Sens. Manchin and Kyrsten Sinema (D-AZ) remain steady in opposing getting rid of it.
Further, while control of the House remains to be seen, Republican chances of taking the chamber seem to be improving, and there's no way such legislation would pass there.
It's not merely that the WHPA would expand Roe, as mentioned above. To break it down, the legislation would allow for abortion without legal limit, with taxpayer funds. It would also invalidate pro-life laws passed at the state level.
As is the case with most of Biden's comments, it will be worth watching to see if the White House attempts to walk back his admittance in "abortion rights" not going anywhere. That the president said "I shouldn't even answer your question" is also potentially telling, as the White House has once more come under fire over how the the president calls on a pre-selected list of reporters.