Why Didn’t Democrats Reverse the Roe, v. Wade Decision
In 2022, the Supreme Court ruled that Roe v Wade would be reversed. A case that had safeguarded a woman’s abortion rights for fifty years. This led to discussions regarding abortion rights with people hoping that President Biden and the Democratic Party would take steps to uphold or defend these rights through new laws. Despite holding the presidency and majority, in both chambers of Congress at one point in time Democrats were unsuccessful, in overturning this decision. Here’s the reason why.
Can the President Override the Supreme Court with an Executive Order?
After the Supreme Court makes a ruling there’s often a question, about whether the president can go against it with an order. Thats not possible in the United States due to the system of checks and balances in place where each branch of government has its own powers defined clearly. The Supreme Court within the branch holds a role in interpreting the Constitution and has the final authority, on constitutional matters. While the president does have the ability to issue orders to guide government activities they cannot supersede or invalidate decisions made by the Supreme Court.
While President Biden signed orders trying to safeguard reproductive health services; their impact remains restricted and falls short of reinstating the federal entitlement, to abortion as determined by the landmark Roe, v Wade ruling.
Why Did Biden Not Change Abortion Laws?
When Roe v. Wade was overturned, people questioned why President Biden and the Democrats did not do more to help reinstate it. The biggest roadblock was the legislative process itself. For a president to change abortion laws or enact new protections, they need Congress’s support. Although Democrats held a slim majority in the Senate, they require 60 votes to pass most significant legislation. They did not have enough even within the Democratic Party to achieve this.
Some moderate and conservative Democratic senators felt that abolishing the filibuster to push abortion legislation through was a drastic measure.
Court Case That Led To The Overruling of Roe V Wade. Read the PDF here.
Can Roe v. Wade Be Reinstated?
Bringing Roe v. Wade back isn’t simple. Imagine trying to get every corner of a divided room to agree on the same game plan—that’s essentially what it would take to reinstate federal protections for abortion rights. One option is to pass a constitutional amendment, but that’s a daunting and rare feat. It would need approval from two-thirds of both the House and the Senate, plus agreement from three-fourths of the states.
Another path would be passing a new law to protect abortion rights nationwide. But even then, there’s a catch. The current Supreme Court has a conservative majority, so any new legislation could be challenged and potentially struck down if it doesn’t align with the principles of the Dobbs ruling that overturned Roe. So, there are a lot of barriers in the way.
Alternatively, Roe v. Wade could make a comeback if the makeup of the Supreme Court shifts in a more liberal direction. For that to happen, new justices would need to be appointed who favor reinstating those protections, and a fresh case would have to come before the court to revisit the decision. It’s not an overnight fix, but it’s one possible route.
Can the President Overturn a Supreme Court Ruling?
The short answer? No, the president can’t just reverse a Supreme Court decision. The way our government is set up, with three branches that keep each other in check, makes sure of that. The judiciary, led by the Supreme Court, has the final say on interpreting the Constitution, and not even the president can override that.
Feature Image Credit: Creator: Elizabeth Frantz | Credit: REUTERS