Adam S. Olsen- Washington, D.C.
May 3, 2022

While the House remains in recess, the Senate convened at 10:00 A.M.

Senate Democrats, outraged by the leak of a draft opinion by conservative Justice Samuel Alito overturning Roe v. Wade, say they will force Republicans to vote on legislation to codify abortion rights but they are not expected to have enough support to pass a bill.  The leak signaled a seismic shift in American politics and law, portending sweeping change for women in much of the country and upending the legislative and campaign landscape at every level of government just six months before the 2022 midterm elections.  The Supreme Court confirmed the authenticity of the draft opinion but stressed that it was not final while Chief Justice John G. Roberts Jr. ordered an investigation. “This was a singular and egregious breach of that trust that is an affront to the Court and the community of public servants who work here,” he said in a statement.

Democrats discussed new efforts to pass legislation to enshrine the protections of Roe v. Wade into law, and another push to eliminate the legislative filibuster, which requires 60 votes for a bill to move forward. But in an evenly split Senate, where Republicans and one conservative Democrat — Senator Joe Manchin III of West Virginia — have already voted against moving forward with legislation guaranteeing the right to an abortion, few legislative paths looked viable.  Though the draft has no immediate effect on abortion access, the preliminary opinion, would overturn Roe v. Wade if a majority of justices decided to join, leaving state legislators to weigh their own abortion policies.  In total, 23 states have laws aiming to limit abortion access, including some states that have multiple provisions in place.  Legislators in 13 states have passed so-called “trigger laws,” which are bans designed to go into effect if Roe is overturned. In some cases, the law requires an official such as an attorney general to certify that Roe has been struck down before the law can take effect.

Pelosi, Schumer Joint Statement on Reported Draft Supreme Court Decision to Overturn Roe v. Wade

Remarks by President Biden Before Air Force One Departure

For today, the Senate is expected to complete consideration of the nomination of Joshua Frost to be an Assistant Secretary of the Treasury and begin consideration of the nomination of Elizabeth de Leon Bhargava to be an Assistant Secretary of Housing and Urban Development.

Adam S. Olsen, Washington, D.C.