Senate Republicans appear ready to block bill to protect IVF treatment
Senate Republicans appeared prepared Wednesday to block a bill that would provide federal protections for in vitro fertilization and other fertility treatments, in the wake of an Alabama Supreme Court ruling that frozen embryos should be considered children.
Senator Tammy Duckworth, Democrat of Illinois, planned to try to advance the bill on Wednesday under a procedure that allows any senator to object and block the proposal, effectively challenging Republicans to oppose the measure to oppose and the division within the Republican Party is highlighted over how to handle the issue. The The bill would establish a federal right access to IVF and fertility treatments.
Democrats orchestrated the action because they were trying to highlight the hypocrisy of Republicans who rushed to express support for IVF after the Alabama ruling, even though many of them have supported legislation that says life begins on the moment of fertilization. Such a bill could seriously restrict or even ban aspects of the treatments.
“This is really to highlight my Republican colleagues,” Ms. Duckworth said in an interview on Wednesday. “If this is urgent and you care deeply about this, as you say — as you have said for more than 72 hours since the Alabama Supreme Court ruled — then don’t object. Let this bill pass.” She argued that protecting the bill was all the more important since the Republican-majority court decision in Alabama.
The legislation was the latest example of Republicans trying to walk a political tightrope — made more dangerous by the Alabama ruling — since the Supreme Court overturned Roe v. Wade and made real the fears of many Americans about losing their access to reproductive health care. Democrats have vowed to engage Republicans on the issue this election year, buoyed by polls showing that access to abortion and contraception is a major concern for voters, which could push them away from Republicans.
“Make no mistake: What happened in Alabama is a direct result – a direct consequence – of the far-right MAGA Supreme Court’s decision to overturn Roe v. Wade,” said Senator Chuck Schumer, Democrat of New York and majority leader. said Tuesday. “And make no mistake: There will be other terrible, restrictive decisions to come from the Dobbs decision.”
At least three medical providers in Alabama have halted IVF treatments since the ruling, which stemmed from cases filed by couples whose embryos were destroyed in 2020 when a hospital patient removed frozen embryos from tanks of liquid nitrogen and dropped them on the floor.
Mrs. Duckworth previously tried to pass a similar bill by unanimous consent in 2022, but Senator Cindy Hyde-Smith, Republican of Mississippi, objected. Ms. Duckworth said before Wednesday’s action that she would seek a roll call vote on the bill if Republicans scuttled it, and that Mr. Schumer was “very positive” about scheduling a vote after Congress scuttles the administration funded ahead of a few closing deadlines this year. week and next.
Some Republicans have said they would look at the bill, but most others argued that it should be up to state lawmakers — not the federal government — to protect fertility treatments. They tried to portray the Alabama ruling as an outlier and said the legislature there would surely act quickly to protect IVF
“The Dobbs decision said abortion is not part of the Constitution and they sent the issue back to the states. And I think that’s where it belongs,” said Senator John Kennedy, Republican of Louisiana, referring to the Supreme Court decision that overturned Roe. “But I do support fertility technology.”
Sen. Mike Rounds, Republican of South Dakota, said he wanted to see how states could address IVF protections before considering federal legislation.
“As these individual states look at all the different issues surrounding this particular issue in particular, you’re going to get some different ideas about how to address it,” Mr. Rounds said on Tuesday. “Personally, I think IVF should be part of our future discussions.”
Sen. Mike Braun, Republican of Indiana, said he believed the Alabama Legislature would pass protections for IVF, making a federal law unnecessary.
“Whether federal legislation is needed, I’m open to considering whatever it may be, but I mean, it happened in such an isolated manner,” Mr. Braun said of the Alabama ruling. He added that each state would “wrestle” with whether frozen embryos should be considered children.
In 2021, Mr. Kennedy, Mr. Rounds and Mr. Braun, along with 15 other Republicans, co-sponsored the Law on life at conception, which would recognize a fertilized egg as a person entitled to equal protection under the 14th Amendment. If introduced, it could severely limit IVF treatments, which typically involve creating multiple embryos, only one of which is implanted, while the others are frozen to allow subsequent attempts at successful implantation.
Same invoice won 166 Republican cosponsors in the House – including Representative Mike Johnson of Louisiana, the current speaker, who issued a statement in support of IVF on Friday
The measure was reintroduced in Parliament in January 2023, but some Republicans who previously sponsored it — including some who face tough reelection races in districts won by President Biden in 2020 — have refrained from applying again. It has not been reintroduced in the Senate.
Anti-abortion activists heralded the Alabama decision as a step toward broader acceptance of fetal personhood, even as Republicans sought to distance themselves from the implication that fertility treatments could be compromised.
“It was incredible to see Republicans rush this weekend to suddenly support IVF, when many of those same Republicans are literally co-sponsoring legislation right now that would enshrine the personhood of the fetus,” said Senator Patty Murray, Washington Democrat, Tuesday. “You cannot support IVF and fetal personhood laws. They are fundamentally incompatible. You’re not fooling anyone.”
House Speaker Nancy Mace, Republican of South Carolina, circulated a non-binding resolution Tuesday expressing support for access to IVF and other fertility treatments. But the measure is purely symbolic and offers no protection for either of them.
Democrats said they would not be shy about reminding voters of Republican data on the issue, which they say will turn moderate and independent voters away from the Republican Party.
“Women will not simply forget who is responsible for this – who took away their dreams of building their families,” Ms Murray said. “This is what happens when Republican politicians take away women’s power over their own bodies.”
Annie Karni reporting contributed.