HRES-56-119
Referred to the House Committee on Oversight and Government Reform.
Sponsored by Andrew Clyde (R-GA)
What it does
This is a simple House resolution, not a bill that would become law, expressing the House's support for recognizing a "Day of Tears" each January 22, the anniversary of Roe v. Wade. It encourages Americans to voluntarily lower flags to half-staff and encourages legislators to pass laws restricting abortion and improving abortion data reporting, but it does not require any action by any person, agency, or government body.
Who benefits
Advocacy groups and individuals who oppose abortion and seek formal congressional recognition of their view, who would gain symbolic validation of their position. It has no binding legal effect on any government agency, business, or individual.
Who is hurt
No group is legally or materially affected, since the resolution is purely symbolic and creates no enforceable obligation. Advocates for abortion rights may object to the House's expression of the view but face no legal consequence from it.
Supporters argue
Supporters argue the resolution honors lives they believe were lost to abortion and gives formal congressional voice to a moral and political viewpoint held by many constituents, noting the sponsors cite over 62 million abortions since 1973. They contend that commemorative resolutions are a longstanding tool for Congress to express values on matters of national significance, as it has done for other historical events.
Opponents argue
Opponents argue the resolution inserts a one-sided moral judgment about abortion into official congressional record without addressing the practical needs of pregnant people or offering any funding or programs, calling it purely symbolic messaging on a divisive issue. They contend that using flag-lowering — traditionally reserved for mourning tragedies like deaths of public figures or national tragedies — to characterize legal medical procedures politicizes a solemn national tradition.
Constitutional context
As a non-binding expression of the House's sense on a policy matter, this resolution raises no constitutional question beyond Congress's general authority to adopt resolutions expressing its views; it does not restrict abortion access itself, though it references Dobbs v. Jackson Women's Health Organization (2022), which returned abortion regulation authority to the states.
Checks and balances
The resolution reflects only the House's own expressive authority and creates no binding authority for any branch, since it requires no signature, funding, or enforcement mechanism.
Historical precedent
Congress has periodically passed similar non-binding commemorative resolutions on abortion-related anniversaries, though none carry legal force.