This is an issue on which Kamala Harris has been very consistent.
Photo: Julia Nikhinson/Bloomberg/Getty Images

Already in 2022, when the Democrats controlled the Senate and had the theoretical power to create new exceptions to the filibuster with a simple majority in the Senate, Joe Biden and Kamala Harris did just that to roe v. Wade (as was the case with voting rights legislation.) This did not happen because Democrats Joe Manchin and Kyrsten Sinema opposed changing the filibuster, which was one of their sources of influence in a narrowly-controlled Senate.

Then Republicans took control of the House of Representatives, eliminating any possibility of an abortion bill passing Congress.

On Tuesday, Harris, who is running for president for the first time, was asked on Wisconsin Public Radio whether she still supported an exemption to the filibuster rule to roeShe has questioned the abortion protections and, predictably, said she did. This reiteration of her long-standing position has garnered a lot of media attention and is sure to draw criticism from Republicans as they seek to brand Democrats as “extremists” on abortion, even though it was Donald Trump and his Supreme Court nominees who got the country into this situation in the first place.

As long as Republicans are willing to recommit to the filibuster (which, ironically, Trump has long opposed) and forego their own exemption for a national abortion ban, this could give them an argument, although it would probably still be wise for them to shift the issue to immigration or the economy rather than pointing out their complicity in rolling back the filibuster. roe and passing state abortion bans wherever possible. There is also the question of how much pressure Trump and his party would face from their old allies in the anti-abortion movement to change their minds on both the filibuster tactic and a national ban if Republicans were to win a three-way victory in November.

In a battle of hypothetical cases in 2025, it’s unclear what Democrats’ chances would be of doing what Harris promised. For one thing, the chances of Democrats keeping the Senate even if they keep the White House are slim, and a Republican-organized Senate won’t allow a vote on abortion rights. Should Democrats somehow pull off a three-way victory, limiting filibuster powers would require every single Democratic senator, which could be problematic (yes, there are two Republican senators who claim to be pro-choice, Susan Collins and Lisa Murkowski, but both oppose filibuster reform).

The good news for abortion rights activists is that Manchin and Sinema are both retiring. Manchin reminded Democrats how little they will miss him by responding to Harris’ statement about an abortion rights exemption with a ridiculous tirade in which he called the filibuster tactic “the holy grail of democracy.” Ultras like the West Virginian never mention that the Senate has already created several exemptions for executive and judicial nominees, for Supreme Court nominees, and for appropriations bills. Restricting the right to filibuster on basic rights like bodily autonomy or the right to vote doesn’t seem far-fetched.

We will soon know if Republicans decide to make this an issue in their presidential campaign, or if they will instead continue to follow Trump’s example and evade, lie, and change the subject when asked about abortion policy. But despite all the rumors about Kamala Harris changing her political stance, she has remained very consistent on this issue.