Biden supported states overturning Roe v. Wade in 1982

As a senator, Joe Biden voted for a constitutional amendment that would have allowed states to limit or ban abortion. Now his attitude has changed.

On June 24, President Joe Biden called the Supreme Court decision Roe v. Overthrowing Wade, a “realization of an extreme ideology and a tragic mistake”.

“The Court has done what it has never done before: It has specifically taken away an already recognized constitutional right that is so fundamental to so many Americans,” Biden said.

On the same day, people on social media brought up Biden’s previous stance on abortion when he was serving as a senator 40 years ago. one person said in a tweet that in 1982, as a member of the Senate Judiciary Committee, Biden “would have voted for a constitutional amendment that would have allowed states to ban Roe v. to fall Wade”.

So did Rep. Jim Jordan (R-Ohio) more than a month before the Supreme Court issued its final decision. claimed in a viral tweet that Biden “supported the idea that states Roe v. to let Wade fall”.


Did President Biden support states in 1982 Roe v. could overthrow Wade as a senator?



This is true.

Yes, President Biden supported a constitutional amendment that would have allowed states to have Roe v. to overthrow Wade as a Senator in 1982. Since then, his attitude has changed.


Before becoming president, Joe Biden represented Delaware in the US Senate from 1973 to 2009. He then served as the 47th Vice President under President Barack Obama from 2009 to 2017.

In 1981, the late Senator Orrin Hatch (R-UT) introduced Joint Senate Resolution 110, which would have created a constitutional amendment to “grant to Congress and the States concurrent power to restrict and prohibit abortion” and to declare that the Constitution “does not secure an abortion right.” The amendment would have overturned the Supreme Court’s 1973 decision in Roe v. Wade, which granted abortion rights nationwide.

A legal librarian at the Library of Congress told VERIFY that on March 10, 1982, the Senate Judiciary Committee voted 10 to 7 in favor of the proposed amendment, allowing it to go to the full Senate for a vote. Biden was one of the senators who voted for the committee that will forward the amendment to the Senate.

Senate committees review laws and often hold one or more hearings to review them. After a committee votes on a bill, it is referred to the full Senate for a vote. The Senate Majority Leader is then responsible for deciding when to put legislation to a vote.

Passing a constitutional amendment is also not easy. Congress has submitted 33 proposed amendments to states so far, 27 of which have been ratified, according to the National Conference of State Legislatures.

Hatch’s abortion amendment never received a full Senate vote.

The New York Times reported in 1982 that Biden said the vote was “the most difficult vote he has taken as a Senator and that, as a Catholic, he is not certain that he has the right to impose his views on an issue that do.” would affect the whole nation.” He still voted in favor of the proposed change.

Another Democrat alongside Biden, Arizona Senator Dennis DeConcini, supported the proposed change.

Hatch introduced another amendment in 1983 that would have added that “a right to abortion is not guaranteed by this Constitution”. Biden voted against the proposed change in 1983, Senate records show.

RELATED: VERIFY Fact Sheet: Where Abortion Is Legal and Where It’s Not

Did Biden once say Roe v. Was Wade “gone too far”?

Notes on Biden’s stance on Roe v. Wade and the issue of abortion date back to a 1974 interview with Washingtonian Magazine.

During that interview, Biden said, “When it comes to issues like abortion, amnesty, and acid, I’m about as liberal as your grandmother.”

VERIFY viewer Will T. asked the team on Instagram if Biden said this quote, which was shared in a graphic that made the rounds on social media: “I think [Roe v. Wade] went too far. I don’t think a woman has the sole right to say what should be done with her body.”

We can VERIFY that this quote is from the Washington interview.

“I don’t like the Supreme Court decision on abortion. I think it went too far. I don’t think a woman has the sole right to say what should happen to her body,” Biden said during the interview.

The Washington native says Biden was “a lot more cautious in the press” after the 1974 profile.

Since then, Biden’s stance on abortion has changed

But Biden’s stance on access to abortion has changed over the years, according to a compilation of NBC News’ Soundbytes.

In 2008 he said the Roe v. Wade of 1973 was “that close to a consensus that can exist in a society as heterogeneous as ours”.

About four years later, Biden expressed his belief that life begins at conception, embracing the belief “in his personal life” but refusing to “impose it on others.”

“I don’t think we have the right to tell other people … they can’t control their bodies,” he added.

And while he was on the presidential campaign trail in 2019, Biden said he would “take legislation” to Congress to legislate Roe v. Wade into law should the Supreme Court overturn the case. Most recently, he expressed support for an exemption from the Senate filibuster to allow access to abortion following the overthrow of Roe v. to protect calf.

VERIFY has reached out to the White House for a statement on Biden’s past stance on abortion, but has yet to receive a response at the time of publication.

RELATED: No, abortion isn’t illegal in all states now that Roe v. Wade was lifted

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