Congress “Certainly Could” Ban Abortion Nationwide, McConnell Says

Since Politico published a draft Supreme Court opinion indicating that Roe v. Wade will likely be struck down, Republicans have been reluctant to take the usual victory tour, instead focusing their attention on just how the opinion leaked. But late last week, Sen. Mitch McConnell hinted at “possible” federal anti-abortion laws if Roe is overturned. 

“If the leaked opinion became the final opinion, legislative bodies—not only at the state level but at the federal level—certainly could legislate in that area,” McConnell, the top Republican in the Senate, ​told USA Today​. “I don’t think it’s much of a secret where Senate Republicans stand on that issue.”

A final Supreme Court ruling that scrapped Roe, McConnell said, would mark the “point that it should be resolved one way or another in the legislative process.” But he seemed to hedge his bets, acknowledging that a total ban “would depend on where the votes were.”