However, despite Biden’s recently announced support for the separation of the filibuster, his best bet would be next year, and only if Democrats win at least two seats in the Senate and occupy the House of Representatives, a extremely long task.
Asked what executive action would be used to strengthen abortion rights following the Supreme Court decision to annul Roe v. Wade last week, Biden said during a press conference in Madrid, “The most important thing … we need to change: I believe we need to codify Roe v. Wade into law.”
“And the way to do that is to make sure Congress votes to do it. And if the obstruction gets in the way, it’s like voting rights: it should be (that) we provide an exception to this … requiring an exception to the obstruction of this action to deal with the decision of the Supreme Court, “he added.
At the time, the president clarified that he was also open to changing the rules of obstruction for “the right to privacy, not just the rights to abortion.”
It is a harsh call from a president who has so far been reluctant to push for any change to Senate rules despite calls by progressives to end obstructionism in approving his agenda. Biden had told CNN’s Anderson Cooper in a town hall last year that he would be open to modifying the filibuster to pass voting rights legislation “and maybe more.” His comments on Thursday mark the first time he has expressed his total willingness to remove the filibuster specifically for the right to abortion.
The Senate does not have the 60 votes needed to codify Roe v. Wade according to current rules.
Leading moderate Democratic senators Joe Manchin of West Virginia and Kyrsten Sinema of Arizona have expressed opposition to changing the obstruction rules. And while Manchin is open to legislatively codifying Roe v. Wade, both senators opposed to removing the obstruction, reiterated their offices Thursday.
The Sinema office noted a Washington Post opinion piece the senator wrote last year in which she argued that the obstruction has been used to protect abortion rights and block things like the ban of abortion for 20 weeks.
Therefore, without the support of Manchin or Sinema, Democrats would have to sweep the November election, when their party faces the most bleak mid-term environment in a dozen years, to pass legislation. on the right to abortion.
Democratic senators in Madrid as part of a congressional delegation attending the NATO summit were pessimistic and pointed to the disproportionate roles of Manchin and Sinema in changing the rules.
Illinois Sen. Dick Durbin, the second-highest Democrat in the Senate, told reporters in Madrid that in a 50-50 Senate, “the notion of changing the rules is really at the mercy of one or two senators who can take that decision. For us. ”
He added that “this is not the political environment to seek” a “massive institutional change.”
“I voted to end (the filibuster),” said Sen. Jeanne Shaheen, a New Hampshire Democrat. “It didn’t happen, so we can pick it up again, and maybe not.”
Despite the numbers of marked polls and the poor prospects of keeping the Democratic majority in the House, the White House sees a way to win seats in the Senate to increase its narrow majority.
Maintaining their current seats and adding at least two new Democratic senators could, in theory, pave the way for securing votes for a change in Senate rules.
Biden’s call coincides with the White House’s efforts to increase urgency ahead of the midterm elections, and comes as National Democrats have increasingly raised concerns that the Biden administration is not doing enough to address and combat the decision of the Supreme Court.
Supreme Court behavior is “destabilizing”
Biden, speaking after a series of summits with world leaders in Europe, extensively discussed the characterizations that America is going through. But he admitted that the Supreme Court’s setback on abortion rights and the right to privacy has been “destabilizing.”
“We have been leaders in the world in terms of personal rights and privacy. And it is a mistake, in my view, for the Supreme Court to do what it did,” he said.
These comments provoked the anger of Senate minority leader Mitch McConnell, who later called the president’s comments about the court “undeserved and dangerous.”
“Attacking a Central American institution like the Supreme Court from the world stage is below the dignity of the president,” McConnell, the top Republican in the Senate, said in a statement. “Beyond that, President Biden’s attacks on the Court are undeserved and dangerous. It is annoying that the Court says that the people, through their elected representatives, will have a voice on abortion policy. This does not destabilize the “Democracy, he says. It is a behavior like that of the president that undermines equality of justice and the rule of law.”
“I’m the only president they have”
During Thursday’s press conference, Biden also defended his ability to effectively convey the Democrats’ message about abortion. Despite his complicated history on the subject, he told progressive members of his party that they had little choice in the matter.
“I’m the only president they have,” he said.
Some Democrats have been critical of Biden for not speaking louder about protecting abortion rights. Since the Supreme Court overturned Roe v. Wade, some have complained that he is unwilling to go far enough to protect access to abortion.
But Biden said it was him in the White House.
“I am the president of the United States of America,” he said. “That makes me the best messenger.”
He called the ruling on abortion “a serious and serious issue the court has posed in the United States,” linking the decision to other potential issues such as marital rights.
“I feel very firm that I will do everything in my power, which I can legally do in terms of executive orders,” he said.
During Thursday’s press conference, the president said he would meet with governors on Friday to discuss issues about abortion and that he would have “announcements to make then.”
Biden will meet virtually with attendees, including Democratic governors. Ned Lamont of Connecticut, Kathy Hochul of New York, Michelle Lujan Grisham of New Mexico, JB Pritzker of Illinois, Gavin Newsom of California, Kate Brown of Oregon and Jay Inslee of Washington, according to a White House official. The president will join from the White House.
This story has been updated with more stuff from Thursday’s press conference.
CNN’s Manu Raju, Lauren Fox, Ted Barrett and Morgan Rimmer contributed to this report.