The 33-year-old Watts, who had not shared the news of her pregnancy even with her family, made her first prenatal visit to a doctor’s office behind Mercy Health-St. Joseph’s Hospital in Warren, a working-class city about 60 miles (100 kilometers) southeast of Cleveland.
The doctor said that, while a fetal heartbeat was still present, Watts’ water had broken prematurely and the fetus she was carrying would not survive. He advised heading to the hospital to have her labor induced, so she could have what amounted to an abortion to deliver the nonviable fetus. Otherwise, she would face “significant risk” of death, according to records of her case.
That was a Tuesday in September. What followed was a harrowing three days entailing: multiple trips to the hospital; Watts miscarrying into, and then flushing and plunging, a toilet at her home; a police investigation of those actions; and Watts, who is Black, being charged with abuse of a corpse. That’s a fifth-degree felony punishable by up to a year in prison and a $2,500 fine.
The Democrats could have passed a bill, but “enshrining it in the Constitution” would mean passing a Constitutional amendment. First, they would need a 2/3rds vote of Congress. That means that the Democrats couldn’t have a slim majority - they’d need a large majority. Or they’d need to find Republicans willing to vote for a Constitutional amendment protecting abortion rights. Basically an impossibility.
Even if the Democrats managed to get the Constitutional Right To Abortion passed, they would need to have 75% of the state legislatures pass it. Democrats don’t control that name state legislatures.
So perhaps the Democrats could have passed a national law, right? Except that the Republicans would inevitably filibuster this in the Senate. The Democrats could have changed the filibuster rules, but not all of them supported changing these rules. (Mainly because it would prevent them from stopping the Republicans if the Republicans regained the Senate.) Any law that was passed would inevitably have been challenged up to the conservative Supreme Court.
You could definitely criticize the Democrats for not pushing harder to pass a law guaranteeing abortion, but a Constitutional Amendment was out of reach.