As President, Harris Could Not Easily Make Roe v. Wade Federal Law—But She Could Still Make It Easier to Get an Abortion

There is much that a potential Harris administration and Congress could do to offset the impact of the Supreme Court’s 2022 Dobbs ruling.

Congress could amend existing federal laws—starting with repealing the Hyde Amendment, which prohibits federal money from being used to fund abortions, or the Comstock Act, a Victorian law which some judges have interpreted as prohibiting the mailing of abortion pills. Congress could also enact legislation that protects the right to interstate abortion travel. Or Harris could ask Congress to pass a law that would guarantee the same kind of access to mifepristone that the FDA currently allows.