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Democrats Don’t Have Enough Voter Support to Codify Roe v. Wade

AP Photo/Anna Johnson

Ever since a Supreme Court draft opinion on a case that could result in the overturning of Roe v. Wade was leaked to the public, Democrats have been trying to make this development into an election issue. Many high-profile Democratic officials have suggested passing legislation to codify Roe v. Wade into law, before the Supreme Court announces the decision. Not only is this unlikely to be a successful gambit, but indications also suggest that the party would not even have the support of American voters.

Two major polls show that there is no real consensus among the electorate as to whether they believe Congress should pass legislation to enshrine Roe into law. A Morning Consult/Politico poll published Wednesday showed that only 47% of voters would support codifying Roe v. Wade into law. About 53% indicated they either oppose (29%) such a move or that they are not sure that such legislation should be passed (23%).

interestingly enough, among Independents, only 46% support Congress passing abortion legislation, while 53% either oppose or are not sure. About 63% of Democrats would support the measure, while 46% of Republicans would oppose it.

A Fox News poll yielded even more troubling results for Democrats. About 54% support banning abortions “except in certain cases, after 15 weeks of pregnancy,” and returning authority to pass abortion legislation back to the states. Only 41% opposed the idea.

Even more, Americans overwhelmingly support restrictions on abortion.

Additionally, Fox News polling indicated worse news for Democrats. Fifty-four percent support banning abortions, “except in certain cases, after 15 weeks of pregnancy and return the question of abortion and its legality back to the states.” Just 41 percent were opposed.

But could Congress actually enshrine Roe v. Wade into law?

Probably not. Such a move would require winning 60 votes in the Senate, or getting around this requirement by eliminating the filibuster. We already saw this play out earlier in 2022, when Democrats tried to pass the Women’s Health Protection Act, which would essentially accomplish what the left wants when it comes to forcing states to allow abortions. It was defeated 46-48, with Sen. Joe Manchin (D-WV) voting against the measure.

Manchin and Sen. Kyrsten Sinema (D-AZ) have repeatedly refused to consider abolishing the filibuster, despite aggressive pressure from the left. Manchin recently reaffirmed his commitment to making sure it remains in place after the draft decision was leaked. It does not seem likely that Democrats will be able to recruit enough Republican lawmakers to support their pro-abortion agenda, so the idea appears to be dead in the water.

But this does not mean abortion won’t provide Democrats with political fodder to use against the right. They are hoping that the threat of losing Roe v. Wade could help them convince voters to keep them in control of both chambers of Congress. At the very least, they wish to minimize the damage that will result from the shellacking they will receive in November.

However, as I wrote previously, this isn’t going to work. Even with the bombshell revelation that Roe v. Wade might be on its way out, abortion is still not a top priority for the American public, which continues to struggle with inflation, excessive gas prices, crime, and issues with education. People are far more focused on their pocketbooks than on killing babies.

Nevertheless, the Democrats are going to try their best to make it an issue. They have nothing else on which to run. They have failed to pass any meaningful legislation since having control of Congress. President Joe Biden has utterly failed in his duties. Democrats have shown themselves to be unable to address the problems Americans are facing.

Moreover, the fact that overturning Roe v. Wade is a huge victory for conservatives might actually affect turnout in November. It could be a development that motivates Republican voters to show up at the polls to make sure Democrats are unable to undo this victory. This could even impact the 2024 election, now that people can see why it is so important to make sure we have the right president in office. Without former President Donald Trump, this likely would not have happened. But one thing is abundantly clear: The political landscape has changed significantly.

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