New Washington Post Op-ed: Congress Can Preserve Abortion Rights

In a new opinion piece published in the Washington Post, Neal Kumar Katyal, points out that reproductive rights need not depend on the U.S Supreme Court—because Congress can protect these rights by passing the Women’s Health Protection Act. Katyal is a law professor at Georgetown University and former Acting Solicitor General of the United States. Of the Women’s Health Protection Act, Katyal wrote:

“The rights would now be guaranteed by Congress, making it impossible for the court to trim them back. The only way states could try is to file separate lawsuits seeking judicial review of such legislation, arguing that Congress’ law is unconstitutional because Congress lacks the power to enact it. Such an argument has about zero chance of success…

Since 1973, the questions about reproductive rights have been dominated by the court, not Congress. But now we have an opportunity to recalibrate the balance and guarantee reproductive justice for Americans in every state. We don’t need the court to protect these rights. We just need a majority vote in Congress.”

Read the op-ed in the Washington Post.