This resolution condemns the Supreme Court's overturning of Roe v. Wade and commits the House to advancing reproductive justice and pursuing judicial reform.
Adriano Espaillat
Representative
NY-13
This resolution condemns the Supreme Court's decision to overturn *Roe v. Wade* and *Planned Parenthood v. Casey*, recognizing the severe threat it poses to reproductive freedom and equality. It commits the House of Representatives to advancing reproductive justice through federal law and pursuing judicial reform to restore public confidence in the Supreme Court. Furthermore, the resolution pledges to protect communities disproportionately harmed by the ruling and urges the Executive Branch to use its authority to safeguard reproductive rights.
This resolution is essentially the House of Representatives formally issuing a strong statement against the Supreme Court’s 2022 decision in Dobbs v. Jackson Women's Health Organization, which overturned Roe v. Wade and Planned Parenthood v. Casey. It’s not a law that changes anything immediately, but it’s a commitment by the House to use its power to push back. Specifically, it condemns the Dobbs decision, states that access to abortion is a fundamental liberty, and commits the House to two major paths: advancing reproductive justice through federal law and enacting 'judicial reform.'
The first major commitment is to ensure that federal law advances “reproductive justice,” recognizing that abortion access is health care and a fundamental liberty. This means the House is signaling its intent to pass legislation that would codify—or put into federal law—the right to abortion access nationwide, overriding state-level restrictions imposed after Dobbs. For someone living in a state where abortion is now banned or severely restricted, this commitment is a promise to try and restore access through Washington. The resolution specifically notes that the Dobbs decision disproportionately harms women of color, undocumented women, women living in poverty, and the LGBTQIA community, committing to protecting these groups in future federal legislation.
The second, and perhaps most complex, commitment is the promise to use Congress's constitutional authority under Article III to enact “judicial reform.” The stated goal is to restore public confidence in the Supreme Court, which the resolution notes has dropped to a historic low. This is where things get vague and potentially concerning. The resolution doesn't specify what this “reform” looks like—it could mean anything from establishing a binding code of ethics for the justices to changing the structure of the Court, such as setting term limits or altering the number of justices. Because the language is so broad, it raises questions about whether this commitment is aimed at necessary structural improvements or politically motivated changes to influence the Court’s decisions. For busy people, this commitment means Congress might spend significant time debating the very structure of the judiciary, a debate that could have massive implications for the stability of our legal system.
Finally, the resolution urges the Executive Branch—the President and federal agencies—to use a “whole-of-government approach” to advance reproductive justice. This is a green light for agencies like the Department of Health and Human Services to maximize their power to protect access to reproductive care, possibly by expanding access to medication abortion or using federal property. While this could be a quick way to mitigate some state restrictions, the call for the Executive Branch to use its “constitutional authorities” is also broad. It could lead to significant executive action that might face legal challenges regarding whether the Executive Branch is overstepping its authority in areas traditionally reserved for Congress or the states. Overall, this resolution is a clear political marker laying the groundwork for major legislative battles ahead, focusing less on immediate change and more on setting the agenda for federal legislative and judicial challenges.