Biden’s Abortion Litmus Test

As He Campaigned For President, Joe Biden Explained That Any Supreme Court Justice He Appoints Would Only View The Constitution As Enshrining An Unlimited Right To Abortion Because ‘They Would Support Roe V. Wade’


During His Presidential Campaign, Joe Biden Said He Would Appoint Supreme Court Justices ‘Who Have A View Of The Constitution As A Living Document’ And ‘Have An Expansive View Of The Constitution’

JOE BIDEN: “The people that I would appoint to the Court are people who have a view of the Constitution as a living document, not as a staid document.” (Joe Biden, Remarks At Iowa Campaign Event, Washington, IA, 12/28/2019)

The New York Times’ NICK FOX: “I was kind of curious what kind of person? What are you looking for in the Supreme Court?”
JOE BIDEN:They have to have an expansive view of the Constitution. Recognize the right to privacy, unenumerated rights that exist in the Constitution. Not the Federalist Society view that if it’s not listed, it doesn’t exist. And they have to be, they acknowledge the unenumerated rights and a right to privacy in the Constitution, and the ‘penumbra’ [laws] and the Ninth Amendment, then in fact that means I know they will in fact support Roe v. Wade. They’ll support a woman’s right to choose and a whole range of other things that relate to individual personal rights. That is critical. I’ve written about it extensively. I’ve written law review articles about it.” (Interview with The New York Times Editorial Board, 1/17/2020)


Biden Also Agreed That He’d Have A Litmus Test On Abortion And That His Appointee Would Have A Philosophy That ‘Would Support Roe v. Wade’

ABC’s DAVID MUIR: “Would there be a litmus test on abortion?”
JOE BIDEN: “Yes. Look, here’s the deal. Litmus test on abortion relates to the fundamental value of the Constitution. A woman does have a right to choose. I would in fact, if they rule it to be unconstitutional, I will send to the United States Congress and it will pass, I believe, a bill that… Excuse me, legislates Roe V. Wade adjusted by Casey. It’s a woman’s right to do that. Period. And if you call that a litmus test it’s a litmus test …” (Democratic Presidential Debate, Manchester, NH, 2/07/2020)

JOE BIDEN: “I would not appoint anyone who did not understand that Section 5 of the 14th Amendment and the Liberty Clause of the 14th Amendment provided a right to privacy. That’s the question I’d ask them. If that is answered correctly, that that is the case, then it answers the question, which means they would support Roe v. Wade.” (Democratic Presidential Debate, Las Vegas, NV, 11/15/2007)



Related Issues: Defending Life, Supreme Court, Judicial Nominations