Psaki Reminds Reporters on AF1 ‘There Were Not Enough Votes’ to Codify Roe ‘Even If The Filibuster Were Overturned’

White House Press Secretary Jen Psaki repeatedly made the point that even without the filibuster, there currently are not enough votes to pass a law protecting abortion rights.

Psaki briefed reporters aboard Air Force One Tuesday en route to Alabama, shortly after President Joe Biden weighed in on the draft Supreme Court decision that was leaked to Politico Monday night that would overturn the right to abortion if it goes into effect.

The president urged voters to elect more pro-choice officials in a written statement, as well as in remarks on the tarmac before his departure to Alabama. Psaki reinforced that argument by pointing out that “there has been a vote on the Women’s Health Protection Act which would do exactly that, and there were not even enough votes, even if there was no filibuster, to get that done.”

Q So, the President spoke pretty passionately on the tarmac about the Alito draft being an affront to basic rights. But he also said he was not ready to commit to ending the filibuster to codify Roe. Why?

And is there a disconnect here between the passion and what needs — what he believes needs to be done?

MS. PSAKI: Well, first, let me say the President’s position is that we need to codify Roe, and that is what he has long called on Congress to act on.

What is also true is that there has been a vote on the Women’s Health Protection Act which would do exactly that, and there were not even enough votes, even if there was no filibuster, to get that done.

So, I would note, in his written statement that we released this morning — I’m just going to reiterate what he said in this statement. He said, “…if the Court does overturn Roe, it will fall on our nation’s elected officials at all levels of government to protect a woman’s right to choose” — to do exactly that. “It will fall on voters to elect pro-choice officials this November. At the federal level, we will need more pro-choice senators and a pro-choice majority in the House to adopt legislation.” And that was speaking to exactly where we are with the votes.

I would note that while we’ve been in the air, Leader Schumer noted that he had plans to bring this up for a vote.

Psaki made the point again later in the gaggle when she was asked about the president’s “engagement with lawmakers” on protecting abortion rights:

MS. PSAKI: Well, I think it’s important to note that there has been a vote on this; it failed. It did not have even 50 votes, which means even if the filibuster were overturned, there would have not had been enough votes to get this passed. He has stated this many times publicly. This is his known position. This is many of — one of many topics he discusses with lawmakers.

I would note again that Leader Schumer indicated he plans to bring it up again. But in the President’s statement, just to reiterate, what he pointed to is the fact that there needs to be a more — more pro-choice officials after the elections in November.

The Women’s Health Protection Act of 2021 passed the House by a 218 – 211 margin, but failed 46 to 48 in the Senate — with West Virginia Senator Joe Manchin the only Democratic “no” vote.

Watch above via The White House.