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.
