Certainly senators who voted for nominees believing that they would uphold Roe v. If the Senate can skip the filibuster to confirm three justices who would not only vote to overrule Roe but decide hundreds of other significant matters, it certainly should be able to skip it for the relatively more minor task of creating a legislative fix for a single one of their decisions. Republicans already went “nuclear” and scrapped the filibuster for Supreme Court nominees (beginning with Neil M.
But there is no reason to maintain a filibuster here. The obvious rejoinder is that such a statute, while supported by a majority in the House and Senate, could not overcome a filibuster. Such a law would be quite hard for the court to overturn. It can pass a statute guaranteeing the right to abortion, thereby codifying Roe. Congress could fix the problems such a decision would cause. Those despairing about this draft opinion should remember that the courts do not monopolize abortion politics.
