Warren: Voters Must Elect Dems In Midterms Who Would Nix Filibuster To Codify Roe

UNITED STATES - MAY 19: Sen. Elizabeth Warren, D-Mass., speaks during a news conference outside the U.S. Capitol to voice support for abortion rights, on Thursday, May 19, 2022. (Tom Williams/CQ-Roll Call, Inc via Getty Images)
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Sen. Elizabeth Warren (D-MA) on Sunday said she views the midterm elections in November as the crucial opportunity for Democrats to gain the senators they need — senators who support eliminating or changing the filibuster — in order to codify Roe v. Wade following the Supreme Court’s ruling ending the right to abortion.

Appearing on ABC News, Warren blasted the Supreme Court for having “burned whatever legitimacy they may still have had” with its decision overturning Roe. In its Friday ruling, justices voted 5-4 to reject Roe, and 6-3 along party lines to uphold Mississippi’s 15-week abortion ban in the underlying case of Dobbs v. Jackson Women’s Health Organization.

Warren also reiterated her previous demand for the high court to expand the number of justices, and dismissed arguments by conservatives who say the right to an abortion should be decided by individual states.

“We have never left individual rights to the states. The whole idea is that women are not second-class citizens and the government is not the one that will decide about the continuation of a pregnancy,” Warren said. “Access to abortion, like other medical procedures, should be available across the board to all people in this country.”

After calling on President Biden to take federal action to ensure abortion access, including access to medication abortion, Warren urged voters to vote “like a laser” in the midterm elections in November by electing Democrats who are willing to eliminate the filibuster to help codify Roe, which she hopes Democratic Pennsylvania Senate candidate John Fetterman and Wisconsin Senate candidate Mandela Barnes would do if they are elected. The Senate currently lacks the 60 votes needed to overcome the filibuster.

“We (need to) get two more senators on the Democratic side, two senators who are willing to protect access to abortion and get rid of the filibuster so that we can pass it,” Warren said. “John Fetterman, I’m looking at you in Pennsylvania. Mandela Barnes, I’m looking at you in Wisconsin. We bring them in, then we’ve got the votes, and we can protect every woman no matter where she lives.”

Warren also said she is “deeply concerned” over Supreme Court Justice Clarence Thomas’ opinion in the 213-page decision overturning abortion rights, in which he says outright that the Court should revisit other landmark decisions. Thomas pointed to cases that protect the right to a same-sex marriage, to conduct private sex acts and to access contraception.

“I understand that the rest of the court said, ‘No, no, we’re not going there,’ but remember how we got to where we are,” Warren said. “When Roe v. Wade first came down, there was a tiny minority that really put a lot of energy in effect for themselves and for Republicans, putting Roe on the ballot over and over.”

Warren’s appearance on ABC News comes a day after the New York Times published an op-ed written by her and Sen. Tina Smith (D-MN) that warns of the dire consequences of the overturn of Roe, while also encouraging the public to demand elected leaders to take steps to ensure access to abortion.

In their op-ed, the Democratic senators demand “broad democracy reform” to combat restrictions that Republicans have imposed on access to reproductive health care.

The senators then call on candidates in the midterm elections to “voice a firm position on reproductive rights,” which includes reforming the filibuster as part of their platform in order to codify Roe.

“Ask every Senate candidate to commit to reforming the filibuster rules, so that the chamber can pass federal legislation protecting the right to reproductive freedom,” Warren and Smith wrote. “If voters help us maintain our control of the House and expand our majority in the Senate by at least two votes this November, we can make Roe the law all across the country as soon as January.”

Watch Warren’s remarks below:

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Notable Replies

  1. It looks like the Senator Professor has been reading the Editor’s Blog here at TPM.

  2. Nevertheless, she persisted.

    As must we all.

  3. If anything makes me depressed and mildly defeatist, it’s not all the money the GOP has access to; it’s not their personal propaganda network, Fox; it’s not even all the gerrymandering and control over so many statehouses, it’s apathetic and low-information and gullible voters. And when you have to propagandize and manipulate these folks into doing the right thing and standing for democracy … well … it’s tiresome. Beyond that I’ll keep my mouth shut.


    The left has not made the psychological adjustment to a conflict situation yet. But it won’t be able to maintain the fantasy of normalcy for much longer.

    Incipient civil conflict in the United States won’t be formal armies struggling for territory. The techniques of both sides are clarifying. Republican officials will use the supreme court, or whatever other political institutions they control, to push their agenda no matter how unpopular with the American people. Meanwhile, their calls for violence, while never direct, create a climate of rage that solidifies into regular physical assaults on their enemies. The technical term for this process is stochastic terrorism; the attack in Buffalo is a textbook example.

    These folks don’t seem like alarmists.

  4. I have no interest in your polls saying 70% of Americans agree with a progressive idea if that 70% of Americans ain't planning to get off their musty asses, go to the polls and vote to make that thing happen.

    — Ragnarok Lobster (@eclecticbrotha) June 26, 2022
  5. How many do we need to nix the filibuster? Simple majority?

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