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Even if there ever was a coalition of 60 pro-choice senators, it wouldn't matter. Federal abortion protections would need to be passed under the commerce clause and would obviously be challenged and struck down by the 6-3 court. Even EMTALA, which ties federal funding for hospitals to a requirement that hospitals provide abortion care for pregnant people when a pregnancy is a serious threat to their health, is being challenged in court (and successfully blocked in the 5th circuit). The challenge would be even easier for the right if there's no connection to serious threats to the health of the pregnant woman.

All of these "you should have ignored the courts and focused on legislation" arguments aren't based in a lick of reality.



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