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The Hill

Klobuchar says 'best way' to protect abortion rights is to codify Roe v. Wade into law

By Mychael Schnell,

2021-12-05
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Sen. Amy Klobuchar (D-Minn.) on Sunday said the “best way” to protect abortion rights in the U.S. is by codifying Roe v. Wade’s verdict into law.

Asked by host Chuck Todd on NBC’s “Meet the Press” if the U.S. should consider determining abortion regulations through legislatures or referendums rather than Supreme Court decisions, Klobuchar made the case for codifying the 1973 decision through legislation.

“Fifty years of precedent -- as Elena Kagan pointed out, 50 years of decisions and court decisions, part of the very fabric of women’s existence in this country, this is how our country protected rights. And now they're willing to just flip it on its head. And so what is the answer?” Klobuchar said.

“The answer may well be doing it through the political process now. I don't think that's the right thing to do. But it may be the way to do it. And I think the best way to do it is not a patchwork of state laws, but to codify Roe v. Wade, put it into law,” she added.

The Minnesota Democrat also noted that some pro-choice Republicans have signaled an interest in codifying Roe v. Wade.

Klobuchar’s comments come days after the Supreme Court held a hearing on Mississippi’s 15-week abortion ban, many worry could chip away at the precedent set by Roe v. Wade nearly 50 years ago.

Pressed on if she is more open to packing the court amid the abortion conversation, Klobuchar said she has “always been open to looking at the numbers of justices on the Court,” but contended that “most sane route to gets done right now would be to bring this up before the U.S. Senate to codify Roe v. Wade into law.”

The senator on Sunday said the Women's Health Protection Act “would basically put Roe v. Wade into law.” That bill, however, will likely face an uphill battle in the Senate because of the 60-vote threshold needed for passage.

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