WASHINGTON, D.C. — If the U.S. Supreme Court rules the way the leaked document to Politico indicates, could Congress or President Joe Biden do anything to still protect abortion access nationwide?
All sides continue to rally on the steps of the Supreme Court Tuesday as the country waits to see if the leaked opinion to Politico overturning Roe v. Wade will be the actual opinion of the court when justices decide to disclose their decision.
There is no indication of when that might be,
While Chief Justice John Roberts has confirmed the leaked document is real, he also said it does not represent a final ruling.
Of course, it has long been speculated that justices on the Supreme Court are prepared to overturn Roe, which simply gives the authority to regulate abortion back to state governments. Conservative-leaning states will likely pass more restrictions, while others will expand abortion rights.
But if this opinion actually happens, could Biden or Congress do anything?
In short, the answer is yes.
Democrats in Congress could try and pass a law to codify the right to abortion into federal law, starting an entirely new legal fight. However, it's doubtful Democrats have the necessary votes to do that right now. The Senate is split 50-50.
Conversations have also started to change Senate rules so that abortion rights could pass in the Senate with fewer than 60 votes. For the moment though, that appears to lacks the necessary votes, too.
Meanwhile, down Pennsylvania Avenue, President Biden has already indicated he might try to do something on his own when the actual opinion comes down. He has directed his Gender Policy Council and the White House Counsel's Office "to prepare options for an Administration response."
"We will be ready when any ruling is issued," Biden said Tuesday.
"The pro-life movement is not going to stop," said Carol Tobias, the president of National Right To Life, one of the largest anti-abortion groups in the country.
Recently, Tobias said that even if Roe gets struck down, her work won't be over. New legal fights will emerge, likely ones involving the White House.
For instance, there is a growing push by women's rights groups to promote abortion pills that could be delivered, discreetly, in the mail.
Stopping that, Tobias admits, will be tough.
"It will be hard to catch," Tobias said.
As for the time being, expect abortion be a major focus of this year's midterm elections. Abortion rights supporters said this is going to mobilize some voters.
