Vice President and Democratic presidential candidate Kamala Harris took a firm stance on the filibuster and abortion “rights” in a rare recent interview. Appearing on Wisconsin Public Radio's “Wisconsin Today” on Monday, Harris voiced strong support for ending the filibuster to reinstate Roe v. Wade and protect abortion “rights” nationwide. The interview, which aired Tuesday morning, comes as abortion access remains a key issue in the 2024 election.
She said,
I believe we should reach the 51 votes (in the United States Senate) that are needed to eliminate the Roe filibuster and actually restore laws that protect reproductive freedom and the ability of all people and all women to make decisions about their bodies without the government telling them what to do with their bodies.
Since the Supreme Court overturned Roe v. Wade in June 2022, President Joe Biden and Vice President Harris have pledged to work with Democrats to push for federal legislation that would make abortion access the law.
Beyond Law
To be clear, the bill Harris is referring to and fully supports is the Women's Health Protection Act (WHPA). This bill aims to protect access to abortion nationwide by establishing a legal framework that overrides state-level regulations. What's important about this bill is that it does more than simply restore the protections that were in place under Roe v. Wade. While Roe legalized abortion up until the point of fetal viability (usually 21-24 weeks of pregnancy), the WHPA removes restrictions based on fetal viability and allows access to abortion throughout the entire pregnancy.
The WHPA strictly prevents states from enacting laws that place reasonable limits on access to abortion or otherwise protect the unborn. In recent years, many states have enacted laws that require waiting periods, ultrasounds, or restrict which clinics offer abortions. Under the WHPA, these types of protections would be prohibited by federal law.
Finally, the law defines the right to abortion fairly broadly, allowing health care providers to provide abortion services without “restrictive” state interference. This also applies to telehealth, potentially greatly expanding access to abortion medication across state lines.
Democratic leaders' support for the WHPA underscores their commitment to ensuring access to abortion nationwide, but also the political risks involved in calibrating policy on the issue against majority public opinion. Harris and other Democrats remain committed to ensuring broad access to abortion, even though advocating legislation that goes beyond previous legal standards could further polarize the national debate.
Harris' change of policy on filibustering
Harris' recent comments bring renewed focus to Democrats' legislative strategy to overcome Republican opposition in the Senate, where they see the filibuster as a major obstacle to enacting their priorities, particularly on issues like abortion and voting.
Harris has consistently not supported abolishing the filibuster, which requires 60 votes in the Senate for most legislation to become law.
As vice president in 2022, she advocated for the abolition of the filibuster to pass legislation on both voting rights and abortion access, a stance that came in response to Republican-led efforts to pass voter safety laws in several states and the Supreme Court's decision to overturn Roe v. Wade.
During the 2019 presidential campaign, Harris voiced support for ending the filibuster to pass the Green New Deal, a radical climate change policy proposal.
But in 2017, Harris appeared to be a defender of the filibuster when she and other Democrats signed a letter to then-Senate Majority Leader Mitch McConnell, R-Ky., and Senate Minority Leader Chuck Schumer, D-N.Y., urging them to preserve the filibuster because Democrats were concerned Republicans would do away with it.
Sen. Tom Cotton (R-Arkansas), who published the letter about X, accused Harris of “saying anything to get elected.”
The filibuster is a hotly debated tool in the Senate, which both parties have historically used to block or slow legislation. Democrats have increasingly called for its abolition in recent years, but many Republicans and some moderate Democrats argue that the filibuster fosters bipartisan cooperation.
Blowback
Harris' comments drew strong criticism from Sens. Joe Manchin of Iowa and Virginia and Kyrsten Sinema of Arizona, some of the Senate's strongest supporters of the 60-vote threshold.
Manchin was particularly harsh in his criticism of Harris' stance. In an interview with CNN, he said he would not support her running for president and called her plan to abolish the filibuster if Democrats retain control of the Senate a “big mistake.”
“It's the only way we can continue to talk and work together. If she did away with it, the House would be on steroids,” he argued. In his view, the filibuster plays a vital role in preventing partisan swings in policy. It stabilizes the democratic process by encouraging dialogue and protecting the country from the “dysfunction” of partisanship.
Sinema echoed Manchin's concerns. In a post on X, she argued that abolishing the filibuster to codify Roe v. Wade would set a dangerous precedent that could lead to future Congresses making abortion illegal nationwide.
Legal and Legislative Challenges
Despite Harris' optimism, her attempt to restore and expand federal protections for abortion remains a major challenge. Even if Democrats win majorities in both the House and the Senate, they would likely face stiff legal challenges to pass such legislation. Political polarization over abortion and the court's conservative leanings could make it difficult to uphold federal abortion laws without further judicial scrutiny.
Further complicating the situation is Republican staunch opposition to ending the filibuster, which Republicans see as a necessary tool to prevent the expansion of partisan power. Former President Donald Trump, Harris's 2024 opponent, has consistently opposed any effort to end it.
