The urgency of this moment has led to increasing calls to codify Roe v. Wade by passing a federal law that protects the right to an abortion
Photo: Pablo Monsalve/VIEW press/Corbis via Getty Images The fall of Roe v. Wade is in motion, and right now it feels like it can’t be stopped. Following the leak of the Supreme Court’s majority opinion draft in Dobbs v. Jackson Women’s Health Organization last week, reports have confirmed that the conservative five-justice voting bloc that signed on to overturn the landmark 1973 decision remains unchanged.
How can Congress codify Roe? Congressional Democrats introduced the Women’s Health Protection Act with the aim to protect the right to abortion. The measure would allow termination up until the point of viability, or at around 23 or 24 weeks of pregnancy. It would also do away with most anti-abortion restrictions that the Court’s Planned Parenthood v.
Self-described pro-choice senators Susan Collins and Lisa Murkowski support a narrower version. Collins, who has previously claimed she supports codifying Roe, said the Women’s Health Protection Act “doesn’t protect the right of a Catholic hospital to not perform abortions.” This is not true, however: There is nothing in the measure that supersedes existing protections for health-care providers who have conscience- or religious-based objections to performing an abortion.
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