Biden vows to make Roe v Wade ‘law of the land’ if abortion law is overturned by Supreme Court

Joe Biden has vowed to make abortion the law of the land as President Trump seeks to stack the Supreme Court with conservatives

Credit: KEVIN LAMARQUE /REUTERS

Democratic candidate Joe Biden vowed to make Roe v Wade the "law of the land" if the landmark abortion law is overturned by the conservative majority on the US Supreme Court.

It was the presidential candidate’s first comments on the issue since Donald Trump nominated conservative Judge Amy Coney Barrett for the vacant Supreme Court seat. 

Mr Biden refused to answer a question on the issue during last week’s presidential debate against Mr Trump, but during an event on Monday night he told voters: "the expectation is that she [Judge Barrett] may very well move to overrule Roe," referring the landmark 1973 ruling making abortion legal nationwide. 

"The only responsible response to that would be to pass legislation making Roe the law of the land. That’s what I would do," he said.

It is unclear how Mr Biden would be able to pass a law protecting abortion rights if he is elected president.

Some Democrats have suggested expanding the number of justices that sit on the Supreme Court — something Mr Biden has previously opposed.

In order to pass a new piece of legislation, the Democrats would need to regain control of the Senate, as both chambers of Congress must pass a bill by majority vote before being signed into law by the president.

Mr Trump was quick to seize on the comments, tweeting: "Wow. Joe Biden just took a more Liberal position on Roe v. Wade than Elizabeth Warren at her highest," a reference to the progressive senator who ran for the 2020 Democratic nomination.

"Remember as they try changing positions before elections end. GET OUT AND VOTE," he added. 

Biden and Democrats just clarified the fact that they are fully in favor of (very) LATE TERM ABORTION, right up until the time of birth, and beyond — which would be execution. Biden even endorsed the Governor of Virginia, who stated this clearly for all to hear. GET OUT & VOTE!!!

— Donald J. Trump (@realDonaldTrump) October 6, 2020

Mr Biden, a Catholic, significantly shifted his position on abortion when he entered the race for the White House, announcing in mid-2019 that he no longer supported a measure banning federal funding for most abortions. Since then he has spoken of his support for Roe v Wade in a bid to assuage concerns among his party’s liberal wing. 

However, the nomination of Judge Barrett to the Supreme Court has sharpened the tensions Mr Biden must navigate with Catholic voters, who account for roughly a quarter of the electorate and are particularly important in battleground states this election. 

Democrats fear that Judge Barrett’s appointment to the Supreme Court, which would secure a 6-3 conservative majority on the bench, would lead to Roe v Wade, the landmark 1973 ruling making abortion legal nationwide, being overturned. 

Meanwhile it was reported on Tuesday that Judge Barrett once lived in the home of a founder of the religious group People of Praise. 

According to the Guardian, while in law school Judge Barrett lived in a nine-bedroom home in South Bend, Indiana owned by Kevin Ranaghan, a religious scholar and a co-founder of the secretive group.

The claim has renewed speculation over how Judge Barrett’s personal views may influence her view of matters likely to become before the Supreme Court, such as same sex marriage, which People of Praise opposes.

Judge Barrett has described herself as a “faithful Catholic” but insisted that her religious beliefs would not “bear in the discharge of my duties as a judge”.

She has never commented on whether she is a member of People of Praise.