They didn’t fail. They didn’t even try. Not even with a super-majority.
I am sick of such important issues like health of people, let alone half the population, being used as mere strategic play. So please push them to do the right thing, after they’re elected. They don’t seem to respond without pressure.
Hate to be that guy, but it is also the present (hopefully not future) the Democrats have allowed Republicans to build:
Bill Clinton promised to codify Roe v. Wade into law. He didn’t.
Obama promised to codify Roe v. Wade into law. He didn’t despite having a super-majority in his first two years.
Biden promised to codify Roe v. Wade into law and didn’t. The Dobbs decision was taken in June 2022, so before the midterms when Democrats still had a simple majority in the house and a tie + VP in the senate. When there were rumors/leaks a month or so before the decision that the USSC would take that decision soon. Again: Inaction.
Just no. This is not about both sides in any shape way or form. This is about agency. Fact is: There were ways to do this and the last three Democratic presidents (including the sitting president) have campaigned and outlined plans to codify it into law and didn’t. Yes it may have taken people by surprise that the country and the world is regressing as early and fast as it is, but that doesn’t take away agency, especially when they didn’t even try to spring to action after mere lip service to garner votes.
The thing is: The conservative, religious right, openly formulated and has been following their plan of judicial activism for decades. The lower courts haven’t become this biased towards Republican policy over night. It was due to bad luck, bad faith acting of McConnel and the other Republican senators and stubberness of some involved people on the other side of the aisle that Trump was able to nominate this many people to the USSC. It would have happened at some point.