Skip to main content

With conservative members of the U.S. Supreme Court indicating they are ready to undermine or even repeal Roe v. Wade, Sen. Amy Klobuchar has offered up a suggestion to protect the longstanding abortion rights established by the decision: Make it law.

The Minnesota senator, speaking on Meet the Press with Chuck Todd, said the conservative justices during last Wednesday's oral arguments signaled they are "clearly heading toward overturning Roe." Making the argument that SCOTUS isn't following society's lead (polls show the majority of Americans support upholding Roe v. Wade, with few in favor of overturning it), the Democratic senator said it may be time for Congress to step in.

"The answer may well be doing it through the political process now," the senator said. "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 put it, codify Roe v. Wade, put it into law."

Here's the segment:

Roe v. Wade is a landmark legal decision from 1973, in which the U.S. Supreme Court, by a 7-2 margin, struck down a Texas law that had banned abortions unless the mother's life was at risk. At the same time, the justices ruled states could not outlaw abortion before "viability" — the point where the fetus would likely survive outside of the womb.

Essentially, the right to an abortion before viability was protected by the U.S. Constitution.

Last week, the Supreme Court heard oral arguments in the case of a Mississippi law that bans abortion after 15 weeks, which is pre-viability. During those arguments all six of the conservative justices indicated they were open to significantly weakening or outright overturning Roe v. Wade.

"Fifty years of precedent ... 50 years of decisions and court decisions, part of the very fabric of women's existence in this country,"  Klobuchar said Sunday. "This is how our country protected rights. And now they're willing to just flip it on its head."

Klobuchar said some pro-choice Republicans have indicated to her they would be for codifying the Roe v. Wade abortion protections into federal law. However, the senator admitted there likely wouldn't be the 60 votes needed in the senate to avoid a filibuster.

Sign up: Subscribe to our BREAKING NEWS newsletters

Asked about potentially changing the filibuster rules in response, Klobuchar said the Democratic Party is focused on the Freedom to Vote Act first and foremost. 

In most cases, here in Minnesota a patient has to undergo state-directed counseling, then wait 24 hours, before an abortion is done, according to the Guttmacher Institute. But after viability, an abortion can only be done if the mother's life is endangered, Robbinsdale Women's Center says. That's at about 23 weeks.

According to the Star Tribune, a state supreme court case from 1995 determined people in Minnesota have a constitutional right to abortion.

Next Up

Akoya Lee

Byron native Akoya Lee sets NCAA record for points in a game

The Kansas State forward broke a record shared by former Gopher Rachel Banham.

Williams Uptown Pub

Williams Uptown Pub & Peanut Bar closes indefinitely after shooting

Reports say police have arrested two suspects in the incident.

Alex Rodríguez

A-Rod wears a Packers hat, Minnesotans lose their minds

The Timberwolves co-owner didn't endear himself to his fan base on Saturday night.

Flickr - Minneapolis police squad - Chad Davis

Police: Man shoots into crowd at funeral reception in Minneapolis

The shooting happened at a reception following a funeral on Saturday afternoon.

Screen Shot 2022-01-23 at 8.37.27 AM

Watch: Jimmy Garoppolo says 'F*** the Packers' after playoff win

The 49ers quarterback congratulated Robbie Gould in spectacular fashion.

Aaron Rodgers

America dunks on Aaron Rodgers after loss to 49ers

The Packers quarterback was destroyed on social media on Saturday night.

Marcus Foligno

Foligno's OT winner gives Wild fans a happy Hockey Day

A slow start gave way to the Wild's fifth win in the past six games.

snow

Winter weather advisory issued as Saturday snow arrives

Not huge totals expected, but any snow will likely impact travel.

Wilf

Report: Ryan Poles is Vikings' 'top choice' for general manager

Poles was one of two finalists revealed on Friday.

Related

pixabay - us supreme court

MN, WI attorneys general push SCOTUS to block to Texas abortion law

They say the law is in "direct contravention of nearly a half century of binding precedent."

Rep Tim Miller mn leg

MN rep calls upholding of TX abortion law 'great news for America'

Rep. Tim Miller also outlined a new abortion-related bill he plans to introduce.

Screen Shot 2021-10-04 at 7.14.16 AM

Women's March in Minneapolis comes amid renewed threat to abortion rights

The event was part of a National Day of Action meant to protest abortion restrictions.

Lindsey Graham says Amy Klobuchar should apologize to Kavanaugh

The senator was speaking with Sean Hannity on Fox News.

Everyone is talking about this Klobuchar-Kavanaugh moment

The Supreme Court nominee apologized to the Minnesota senator.

klobuchar fox news town hall screengrab

Klobuchar touts her 'real accomplishments' during town hall

The senator also defended her record as progressive.

flickr-amy-klobuchar-feb-2019-by-lorie-shaull

Klobuchar reveals plan to fix America's infrastructure

The senator says it will be her top priority if she becomes president.

Klobuchar is also a 'No' on Neil Gorsuch

The senator officially announced she'll vote against the Supreme Court Justice nominee.