Biden to announce first bill he’d send to new Democratic Congress would codify Roe v. Wade

President Biden on Tuesday will announce that the first bill he would send to Congress if Democrats retain their majorities would be one to codify the Roe v. Wade ruling on abortion rights.

Biden is set to make the remarks at an event in Washington, D.C., hosted by the Democratic National Committee.

It illustrates how Democrats and Biden want to put the emphasis on abortion rights ahead of the midterms as new polls suggest the party is losing momentum in its effort to retain the Senate and House.

Biden’s announcement has caveats. Sending the bill is dependent on Democrats retaining the House, which has always looked like an uphill climb, and increasing their Senate majority, which could allow Democrats to change the rules surrounding the filibuster. Increasing the number of Democratic senators is possible in this year’s midterms, though Democrats have increasing worries about losing the chamber entirely given tight races across the country.

“He will say that if the American people elect more Democratic Senators in November and keep the House Democratic, the first bill he will send to the next Congress will be to codify Roe – and he will sign it around the 50th anniversary of the Roe decision,” a Democratic official told The Hill ahead of the speech.

The Supreme Court’s Roe v. Wade decision was on Jan. 22, 1973, and the 50th anniversary would be just days after a new Congress is sworn in.

Biden, in his remarks, plans to outline that nearly half the states have either passed a ban on abortion or are planning to and he will mention that in some states, abortion is banned in cases of rape and incest.

“President Biden will speak about the choice that voters face this November between Republicans who want to a national abortion ban that would criminalize doctors for performing care, and Democrats who want to codify Roe into law to protect women’s reproductive freedom,” the official said.

Throughout this midterm cycle, Democrats have focused their campaign pitches on abortion rights and saw reproductive health as a winning issue as red states have moved towards restrictive laws. Democrats are facing headwinds with independent women, however, who they worry could now be more focused on gas prices and inflation than abortion.

Rising gas prices and stubborn inflation are both seen as issues making it much tougher for Democrats to hold on to the Senate this fall.