In either case, the party in power would have the power to pass a sweeping abortion law — but only if the Senate scrapped or overhauled the filibuster.
Many progressives have long favored ending the filibuster. They argue, accurately, that it stymies Democratic legislation much more often than it does Republican legislation. (I walked through the history in a previous newsletter.) The reason is simple: Conservatives tend to be happier with less government, while liberals often favor more.
But the filibuster is not likely to die until the debate revolves around a concrete policy rather than theoretical ideas about Senate process. When the filibuster stands in the way of a change to American life that one party passionately supports, the practice will be endangered. Abortion looks increasingly like the issue that might one day fit that description.
As Carl Hulse, The Times’s chief Washington correspondent, told me yesterday, “Pressure continues to mount to jettison the filibuster and the next time either party has the trifecta — White House, Senate, House — I expect the filibuster will be in real jeopardy.”
Until then, the political battle will take place mostly in federal courts and at the state level.
What’s next
On Wednesday night, three Republican-appointed judges on an appeals court panel issued a ruling that would restrict access to mifepristone, but it has not yet gone into effect. Yesterday, a Democratic-appointed judge issued a contrary ruling, ordering the F.D.A. not to restrict access to the drug in certain states.
The Justice Department has announced it will ask the Supreme Court to resolve the dispute. If the court agrees to do so, it will likely happen on a faster timetable than many other cases. “It will be on what critics call ‘the shadow docket,’ which means it won’t be a typical case where the court hears oral arguments,” said Abbie VanSickle, a Times reporter covering the courts. “It will happen quickly, although just how quickly is totally at the discretion of Scotus.”
You can read the details in this Times story.
Related: See where the likely 2024 presidential contenders stand on abortion.
