How Congress Can Protect Abortion Rights Without Codifying Roe

If you had any doubts about the newly reconstituted Supreme Court’s view of abortion, its decision barely preserving the challenge to Texas’s six-week ban on abortions should make it clear that Roe v. Wade is dead, likely as soon as this year. Facing this reality, it is time to figure out what the federal government can do to counteract what many states have already done, and will do, to make abortions difficult, if not impossible, to obtain. One branch of Congress has already acted by passing a law seeking to codify Roe, but given the...