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Morning Briefing

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Friday, Jul 1 2022

Full Issue

Biden Supports Filibuster Carve-Out To Codify Abortion Rights

In a position shift, President Joe Biden endorsed Thursday an exception to Senate filibuster rules that would allow the chamber to pass abortion protections into federal law. Democrats would have to pick up additional seats in the midterm election in order to make such a change, as Sens. Joe Manchin of West Virginia and Kyrsten Sinema of Arizona oppose the move.

President Biden on Thursday condemned what he called the 鈥渙utrageous behavior鈥 of the Supreme Court in overturning Roe v. Wade and said for the first time that he supported ending the filibuster to protect a woman鈥檚 right to an abortion and a broader constitutional right to privacy. It was a striking assertion from a president who is steeped in the traditions of the Senate and has resisted calls from the liberal wing of the Democratic Party to scrap the longstanding Senate practice of requiring a 60-vote threshold to pass legislation. But in chiding the justices for a decision he called 鈥渄estabilizing鈥 for the country, the president said it was time to push Congress to act. (Shear and Tankersley, 6/30)

Although Democrats already control the Senate by the narrowest of margins, there isn鈥檛 enough support within their caucus to change the filibuster rule, which allows any member to block legislation unless it receives 60 votes. But Biden鈥檚 statement was the latest indication that, if the party picks up a few more seats in the midterm elections in November, Democrats could seize the opportunity to pass legislation creating a nationwide right to abortion. (Megerian, 6/30)

The only way Democrats can codify Roe v. Wade into law is with a world-beating bank shot that requires two new votes to weaken the filibuster. Enter Battleground Wisconsin. Senate races in Wisconsin and Pennsylvania represent Democrats鈥 best chance to net two extra Senate seats 鈥 enough, presumably, to chip away at chamber rules that empower the minority party to block legislation. President Joe Biden boosted their effort Thursday by endorsing an exemption to the 60-vote threshold to preserve nationwide abortion rights. (Everett, 7/1)

In related news from the federal government 鈥

A $242 billion bill funding the departments of Health and Human Services, Labor and Education would drop the so-called Hyde Amendment for the first time since 1976. That provision bans the use of federal funds for abortion except for cases of rape, incest or when the life of the mother is at risk. (Wasson and Fitzpatrick, 6/30)

The House Democrat who introduced a bill last year to enshrine abortion rights into federal law was among more than 180 protesters who were arrested Thursday at a pro-abortion rights rally near the Supreme Court. Rep. Judy Chu of California was participating in a civil disobedience rally on Capitol grounds, "where she was subsequently arrested alongside other activists," her office said in a news release. (Richards, 6/30)

鈥淲hat the court did just on abortion, guns and congressional power in the last eight days鈥攖hat alone is momentous [but] if these justices stay together over the next few years, I don鈥檛 even think the first shoe has dropped,鈥 University of California at Irvine Law Professor Rick Hasen said. 鈥淭here鈥檚 so much more the Supreme Court could do to change American society.鈥 (Gerstein and Ward, 6/30)

KHN: KHN鈥檚 鈥榃hat The Health?鈥: A World Without 鈥楻oe鈥櫬

It鈥檚 been less than a week since the Supreme Court struck down the constitutional right to abortion and each passing day has produced more questions than answers. Doctors, employers, lawmakers, district attorneys, and women are all confused about what is allowed and when. And things won鈥檛 be sorted out for some time, it appears. Meanwhile, Congress passed and President Joe Biden signed a gun bill that鈥檚 likely to do more on the mental health front than it is to curb mass shooting incidents. But if it curbs gun suicides, that would be a big step forward for public health. (6/30)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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