Senate Minority Leader Mitch McConnell (R., Ky.) said a national abortion ban is “possible” if Roe v. Wade is overturned, days after a leaked majority draft opinion suggested the Court may be poised to do just that.
However, McConnell also told USA Today that he would not abandon the filibuster for any reason, making it unlikely that such a measure would reach the 60-vote threshold needed to pass, even if Republicans regained control of the Senate.
“No carve out of the filibuster – period,” the Republican leader said. “For any subject.”
McConnell’s comments came during an interview with USA Today, in which the outlet asked if a national abortion ban is “worthy of debate.”
“If the leaked opinion became the final opinion, legislative bodies — not only at the state level but at the federal level — certainly could legislate in that area,” he said.
He added: “And if this were the final decision, that was the point that it should be resolved one way or another in the legislative process. So yeah, it’s possible.”
However, McConnell suggested it is premature to discuss a nationwide abortion ban right now, saying it “puts the cart before the horse.”
The interview comes after Politico published a leaked majority draft opinion in Dobbs v. Jackson Women’s Health last week, which suggested the Supreme Court may be poised to overturn Roe v. Wade, returning the question of abortion to the states.
The drafted majority opinion, authored by Justice Samuel Alito and obtained by Politico, reads: “The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion. Roe and Casey arrogated that authority. We now overrule those decisions and return that authority to the people and their elected representatives.”
McConnell also told USA Today that he thinks “it’s pretty clear where Senate Republicans stand” on abortion.
“And if and when the court makes a final decision, I expect everybody will be more definitive,” he said. “But I don’t think it’s much secret where senator Republicans stand on that issue.”
Meanwhile, Senate Majority Leader Chuck Schumer plans to hold a vote next week to codify Roe v. Wade, though the vote is almost certain to fail as it is unlikely Democrats can garner the 60 votes needed to advance such a measure.
“A vote on this legislation is not an abstract exercise. This is as urgent and real as it gets. We’ll vote to protect a women’s right to choose,” Schumer said, according to The Hill.
Reporting from National Review.
