President Joe Biden said he wants to fight to have Roe v Wade codified into law that would protect a woman’s right to an abortion on June 29, 2022.
The codification process takes place at the federal level to examine the intent behind the law when it first went into effect.
What does it mean to codify a law?
Following the Supreme Court ruling abolishing Roe v Wade, pro-abortion advocates look to their leaders to codify access to abortion.
The process would cement a right or rule into a formal systematic law that, in Roe v Wade’s case, would bind all states to the same legal rules.
The codification of laws dates back to 6th-century Rome under Emperor Justinian I.
Under his rule, the Corpus Juris Civilis (Civil Code) gave the government the power to revise laws and omit outdated, conflicting, and repetitive laws.
The codification of laws was then adopted in other countries, including Germany, Austria, Switzerland, France, Japan and Spain.
When America was colonized, the incorporation of codifying laws stemmed from the English common law system.
Codifying a law does not necessarily mean creating a new law, but organizing an existing law into a code.
When codifying a law, courts sometimes refer to the original law to interpret what the legislature meant when it was written.
How would it affect the Roe v Wade decision?
President Joe Biden addressed the hiring of the filibuster while he works to codify Roe v Wade.
The motion follows the Supreme Court’s decision to overturn Roe v Wade, the nearly 50-year constitutional right to abortion.
During a NATO meeting in Spain on June 29, Biden said, “I think we need to see Roe v. Codify Wade into law. And the way to do that is to make sure Congress votes for it.
“And if the filibuster gets in the way, it’s like voting rights, it should be — we’re making an exception for that, should be asking for an exception from the filibuster for that action to deal with the Supreme Court decision.”
Biden’s demand would force states to give women the right to abortion.
“To codify Roe for all Americans, Congress would have to pass legislation that offered the same protections as Roe,” wrote Linda C. McClain, a professor at Boston University School of Law, in The Conversation.
“So a law that says women have a right to an abortion without undue government restrictions. It would be binding on all states.”
She shed light on whether Roe v Wade would be codified, writing, “Perhaps calls for a bipartisan effort to ‘codify’ Roe following Roe’s judicial overturning could signal an increased willingness to pass federal legislation protecting access to abortion.” .
“But some Republicans in Congress are already calling for federal legislation to do the exact opposite.”
Can Roe v Wade be codified at the state level?
States have the ability to codify legislation at the local level, and in the case of Roe v Wade states have already started to do so.
Each of the fifty states has its own constitution with rights and laws separate from other states across the country.
The Supreme Court ruling against Roe v Wade has sparked talk that states would codify the law to make it permanently legal for a woman to have an abortion.
In half a dozen states, the ruling violates the state constitution and has caused confusion and lawsuits.
Mary Ziegler, an abortion law expert at the University of California Davis, told NPR, “For everyone who was like, ‘Oh, Roe v. Wade is over and now this whole thing is over’ – I have bad news.
“This is just going to be an even more complicated chapter to enter.”
https://www.the-sun.com/news/5674769/what-does-codify-mean/ What does codify mean? | The US sun