this post was submitted on 01 Nov 2024
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Not voting (in your election)
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They could have totally done it in previous administrations, during Obama's majority. Biden could have written an executive order, and even if it was challenged by the Supreme Court, at least we could say he tried. No excuses.
Under Obama Row v. Wade was still standing. Biden needs to pass a law to make Roe v. Wade an actual law. Executive orders are just that orders to the executive. They would be struck down by a temporary ruling right away, as it is just outside the power of an executive order.
Obama could have codified Roe. Every act or inaction of those in the state is an intentional act. Are we to assume Obama was incompetent? Had no foresight? No. This was intentional. I don't care if Biden's hypothetical EO would have struck down with a ruling; the point is the action, not the inaction. But in Biden's case, inaction speaks louder than words.