Joe Biden and Kamala Harris Want to “Codify Roe,” Making Abortions Legal Up to Birth Nationwide

National   |   Steven Ertelt   |   Sep 11, 2020   |   10:41AM   |   Washington, DC

Joe Biden and Kamala Harris have been described as the most pro-abortion presidential ticket in the nation’s history. But how is that possible and what does that even mean?

In the last two years, several states have approved new legislation making abortions legal up to the moment of birth. The state of New York led the way and even infamously cheered passage of the bill for unlimited abortions and lit up One World Tower pink to literally cheer baby-killing. Other states like Illinois, New Mexico, Vermont and Massachusetts followed suit — either passing or attempting to pass laws overturning every single pro-life law in the state and implementing unfettered access to abortion any time, for any reason and at taxpayer expense.

Biden and Harris want to take that nationwide — with a plan to “codify” Roe v. Wade and Doe v. Bolton, the companion Supreme Court cases from 1973 that allowed unlimited abortions up to birth for virtually any reason unless states limited abortions after viability.

Writing at The Federalist, Sarah St. Onge explored their radical idea further and explains how it really does mean abortions up to birth for any reason:

Roe determines how states are permitted to limit abortion, based on the trimester of pregnancy. In the third trimester, a state is permitted to outlaw all abortions except when the health of the mother is involved. This is where Doe comes in. Doe defines what constitutes health.

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In Doe, the Supreme Court clarifies health as anything “physical, emotional, psychological, familial, [or related to] the woman’s age, relevant to the wellbeing of the patient.” Pro-abortion advocates don’t want you to focus on Doe, because then you’d understand what pro-life advocates mean when they reference “abortion until birth.”

Codifying Roe means women will have access to abortion if a doctor determines their health is threatened by their financial situation (97 percent of all abortions are currently performed due to the financial status of the woman involved) or their age, regardless of any physically life-threatening situation. It also means with the current push to characterize pregnancy in general as life-threatening to women, pregnancy itself will eventually be considered sufficient reason to gain access to abortion throughout all three trimesters.

Within the space of a year after New York enacted the Reproductive Health Act, some local pro-life advocates began noticing women successfully accessing abortions post-viability, meaning after the point the baby’s life could be saved in a NICU. I wrote about one such instance I was personally involved in, here. If Roe is indeed codified, to suppose expanded access won’t happen everywhere is foolish.

This is where Biden and Harris come in — taking New York’s idea and making it national, putting abortion on demand in every state nationwide.

During the Democrat presidential primaries, Kamala Harris, who is now Democrats’ vice presidential candidate, elaborated on a frightening vision for a country where Roe is the law of the land. Her plan involves creating a “Reproductive Rights Act,” which would require states that have previously been seen as hostile to abortion access to have Department of Justice approval for any laws restricting abortion.

Modeled after the Voting Rights Act, Harris’s proposal positions abortion as a civil rights issue. Yet while the Voting Rights Act was created to allow the federal government to enforce provisions detailed in the 15th amendment, there is no right to an abortion in the U.S. Constitution.

Unlike past elections, however, we potentially face a major shift in expanding abortion access. Never before has a candidate openly stated he or she will essentially bypass the constitutional amendment process to grant one group of people (women) the right to harm another group of people (the unborn) and use the Department of Justice to ensure no one stands in the way.

Groups like Planned Parenthood and NARAL already have the mechanisms in place to begin opening clinics in states that have been made virtually abortion-free due to the hard work of pro-life voters and advocates. With leftist politicians guiding the Department of Justice decision-making process regarding abortion laws, we are looking at a confluence of political influence that will have the power to reverse virtually all pro-life gains of the last 40 years with the stroke of a pen.

With the words “under any circumstances,” Joe Biden signaled earlier this year that he supports the killing of unborn babies for any reason through all nine months of pregnancy.

The presumed Democrat presidential nominee, Biden has been adopting an increasingly extreme pro-abortion stance. While polls consistently show most Americans oppose late-term and taxpayer-funded abortions, Biden has supported both in his campaign.

In July, he celebrated a U.S. Supreme Court ruling striking down a Louisiana abortion law that would have required abortionists to be prepared to help patients suffering from emergency complications. Because the law may have led to several abortion clinics closing, the high court struck it down as an “undue burden” on women’s access to abortion.

“Women’s health care rights have been under attack as states across the country have passed extreme laws restricting women’s constitutional right to choice under any circumstance,” Biden said Monday in response to the news. “Today the U.S. Supreme Court reaffirmed that states cannot put in place laws that unduly burden a women’s right to make her own health care decision with her doctor.”

A “right to choice under any circumstances” under Roe v. Wade means unborn babies can be aborted for any reason — including for sex-selection, a cleft lip or simply inconvenience – at any stage of pregnancy.

Though states may restrict abortions after viability under Roe, they do not have to, and some states have no restrictions on abortion whatsoever. Apparently, that is Biden’s vision for the future in America.

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Biden repeatedly has promised to support abortion on demand by “codifying” Roe v. Wade into federal law.

“As president, I will codify Roe v. Wade and my Justice Department will do everything in its power to stop the rash of state laws that so blatantly violate a woman’s protected, constitutional right to choose,” he said.

By supporting the infamous abortion case, he supports some of the most radical pro-abortion laws in the world. The 1973 ruling made the U.S. one of only seven countries in the world that allows elective abortions after 20 weeks of pregnancy. It prevents states from passing even modest protections for unborn babies prior to viability, and, if Biden takes office, protections for unborn babies post-viability could go away, too.

Unlike most Americans, Biden also supports taxpayer-funded abortions. If he would succeed in this goal, tens of thousands more unborn babies could be slaughtered in abortions every year in America. Evident by his praise of the Supreme Court decision, he opposes protections for women against shoddy abortion practices, too.

A new poll from Gallup shows his position is radically out of touch with most Americans. The poll found 55% of Americans take a pro-life position on abortion, wanting all (21%) or almost all (39%) abortions made illegal. According to the poll, only 29% of Americans agree with pro-abortion preside Biden that all abortions should be completely legal without restriction.

A CBS News poll from June also found that the majority of Americans oppose killing unborn babies in abortions or want more limits on abortion. The poll found 43% of Americans think abortions should be generally available while 55% of Americans say it either should be more limited or should not be permitted.

Voters do not want abortion on demand, but the billion-dollar abortion industry does and pro-abortion groups spend tens of millions of dollars on elections each year. Biden is aligning himself with them, not with the American people or the rights of the most vulnerable human beings in the country.