When Roe was overturned, it took with it a series of legal doctrines that undergirded other Court-mandated rights like the right to same sex marriage (Obergefell), to contraception (Griswold) and, less directly, the right to marry regardless of racial categories (Loving). Congressional Democrats have been pushing in recent days to pass new legislation to protect these rights by statute. For Democrats, it’s a win whatever the outcome. If Republicans block it in the Senate, as seems likely, it’s another issue to run on. If they don’t and it passes, great: a whole swath of Americans in jeopardy from the Court’s corruption get their rights confirmed by law.
This afternoon House Democrats brought a bill called the Respect for Marriage Act to a vote. But something unexpected happened.