Biden, Chiding Court, Endorses Ending Filibuster to Codify Abortion Rights

MADRID — President Biden on Thursday condemned what he called the “outrageous behavior” of the Supreme Court in overturning Roe v. Wade and said for the first time that he supported ending the filibuster to protect a woman’s right to an abortion and a broader constitutional right to privacy.

This was a striking statement from a president who is deeply rooted in Senate traditions and has resisted calls by the liberal wing Democratic Party to end the long-standing Senate practice of requiring legislation to pass to be approved by 60 votes. But in chiding the justices for a decision he called “destabilizing” for the country, the president said it was time to push Congress to act.

“We have to codify Roe v. Wade in the law, and the way to do that is to make sure the Congress votes to do that,” Mr. Biden said. “And if the filibuster gets in the way, it’s like voting rights, we provide an exception for this, or an exception to the filibuster for this action.”

It was only the second occasion Mr. Biden had called on Congress to abolish its rules regarding filibuster. In January, he asked Congress to make an exception in order to pass legislation that would add voting rights protections.

Speaking at a news conference in Madrid at the end of a weeklong series of meetings with allies in Europe, Mr. Biden lamented the impact of the court’s decision on a woman’s right to have an abortion, calling Roe a “critical, critical piece.” But he also sought to broaden his critique of the ruling, saying it threatened decades of court precedent guaranteeing other fundamental tenets of American life based on the idea of a right to privacy in the Constitution.

With his comments, Mr. Biden forcefully joined the chorus of voices warning that the legality of gay marriage and the availability of legal contraception could be at risk if the court — now dominated by conservative justices — decide to expand their rulings to other areas of the law, as Justice Clarence Thomas suggested in a concurring opinion in the case.

“I really think that it’s a serious, serious problem that the court has thrust upon the United States, not just in terms of a right to choose, but in terms of right to who you can marry — a whole range of issues relating to privacy,” Mr. Biden said.

The ruling has caused a rift in the country and exacerbated partisan divisions. It angered Democrats and other supporters of abortion rights, as well as gratifying conservatives and the Christian right who oppose abortion. This decision will change American politics months before voters vote to determine which party controls Congress.

The White House is hoping that embracing a change to the filibuster will resonate with Mr. Biden’s political base, including women, who will be crucial to Democrats maintaining control of Congress in elections this fall.

However, the president and his Senate allies have failed to gain enough support to allow for such exceptions to filibuster. Two moderate Democratic senators have voiced opposition to the filibuster: Kyrsten Silenza of Arizona and Joe Manchin III, West Virginia.

Both senators condemned the court’s ruling when it was handed down last Friday and said they would support legislation to put Roe v. Wade’s protections into law. Ms. Sinema is refusing to remove the filibuster threshold in order to achieve this. Asked for comment on Mr. Biden’s remarks on Thursday, her office referred to a 2021 opinion article in which Ms. Sinema argued against lifting the filibuster to expand health care or retirement benefits.

Ms. Sinema pointed out that Republicans had repeatedly blocked the filibuster from passing legislation that would have weakened abortion rights during their control of the Senate.

In the past, Mr. Manchin said that he did not support the exception to the filibuster to Roe. He hopes that Republicans will vote with Democrats in order to codify Roe’s protections. A spokesperson for Mr. Manchin stated Thursday that his position has not changed.

Republican support is unlikely. The Republican leader, Senator Mitch McConnell from Kentucky, lashed out at President Obama for his comments on Thursday.

“Attacking a core American institution like the Supreme Court from the world stage is below the dignity of the president,” Mr. McConnell said in a statement. “He’s upset that the court said the people, through their elected representatives, will have a say on abortion policy. That does not destabilize democracy — it affirms it.”

Mr. Biden said he could understand why Americans are frustrated with the direction taken by the court’s conservative majority.

“It is a mistake, in my view for the Supreme Court to do what it did,” Mr. Biden said. “I feel extremely strongly that I’m going to do everything in my power, which I legally can do in terms of executive orders, as well as push the Congress and the public.”

He urged Americans who support abortion rights to vote against lawmakers who support the court’s ruling.

“If the polling data is correct and you think this decision by the court was an outrage or a significant mistake, vote, show up and vote,” Mr. Biden said. “Vote in the off-year and vote, vote, vote. That’s how we’ll change it.”

He has been trying to navigate the abortion issue for decades. A practicing Catholic, he said decades ago that the court’s ruling in Roe “went too far.” But in more recent years, he has staunchly defended it.

Progressives have pressed Mr. Biden to be more aggressive on abortion and other issues. He is a centrist by birth and a pragmatic who has been open to compromises since he took office last year.

Some members of his own party are still pushing Mr. Biden to do more. After Mr. Biden stated he supported suspending filibuster to preserve abortion rights, Sara Tabatabaie was the chief political officer at VoteProChoice.

“The filibuster carve-out can only happen if every Democratic Senator acts,” Ms. Tabatabaie said, “and it is guaranteed to fail so long as Joe Manchin and Kyrsten Sinema continue to prioritize the filibuster over reproductive justice. The White House knows that.”

Mr. Biden was asked by a reporter whether he is the right messenger to lead the fight for abortion rights in the wake of the court’s decision, given that many of his supporters think he is being too timid. Biden seemed to be a bit irritated by the question.

“Yeah, I’m the president of the United States of America,” he said. “That makes me the best messenger.”

The president cited his legal experience saying he had written “a number of law review articles” about the Ninth Amendment and the 14th Amendment and why privacy should be recognized as a right guaranteed by the Constitution.

The Roe decision was based in part on the 14th Amendment’s guarantee that people cannot be “deprived of life, liberty or property, without due process of law.” It also relied on the Ninth Amendment’s acknowledgment of rights not specifically enumerated in the Constitution or the Bill of Rights.

“They’ve just wiped it all out. So I’m the only president they got,” he said.

Monday saw Xavier Becerra (the Secretary of Health and Human Services) host a round-table discussion alongside several Democratic governors to discuss how the federal government can support abortion access. Thursday’s statement by Mr. Biden indicated that he would meet governors upon his return to the United States.

Nancy Northup, the president of the Center for Reproductive Rights, which litigated the recent abortion case, said Mr. Biden’s public declaration of support for suspending the filibuster was “phenomenal.” But she said it is up to Mr. Manchin and other lawmakers to pass legislation.

“Congress has the power to do this,” she said. “The president now supporting filibuster reform is really helpful in helping the public understand just how close this Congress is.”

Kate Zernike contributed from New York, and Emily Cochrane, from Washington, D.C.