The Senate will vote on a bill creating a federal right to an abortion, Schumer says

Senate Majority Leader Chuck Schumer, D-N.Y., left, with Assistant Majority Leader Patty Murray, D-Wash., and other Democrats, arrive to speak to reporters about a news report by Politico that a draft opinion suggests the justices could be poised to overturn the landmark 1973 Roe v. Wade case that legalized abortion nationwide, at the Capitol in Washington, Tuesday, May 3, 2022. (AP Photo/J. Scott Applewhite)

Senate Majority Leader Chuck Schumer, D-N.Y., said the Senate will vote to codify the right to abortion into federal law, in response to a leaked draft of a Supreme Court opinion that would overturn Roe v. Wade.

“A vote on this legislation is not an abstract exercise, this is as urgent and real as it gets,” Schumer said in a floor speech on Tuesday morning, following Politico’s Monday night reporting of the draft, which could change before the final version comes out this summer. “We will vote to protect a woman’s right to choose and every American is going to see which side every senator stands.”

Any such vote would be symbolic. Democrats control the Senate but only hold half the seats, and they can’t muster the 60-vote supermajority needed to pass the law that Schumer suggested. Some senators, including Bernie Sanders of Vermont, have called to eliminate the filibuster’s supermajority rules to pass a law to protect abortion rights with a simple majority vote. Democrats do not have the support from within the party for such a tactical move, as two centrist senators — Kyrsten Sinema of Arizona and Joe Manchin of West Virginia — are opposed to changing any filibuster rules without bipartisan support.