Senate Republicans appeared poised Wednesday to block a bill that would establish federal protections for in vitro fertilization and other fertility treatments after the Alabama Supreme Court ruled that frozen embryos should be considered children.
Senator Tammy Duckworth, Democrat of Illinois, planned to try to bring up the bill on Wednesday under a process that allows any individual senator to object and stop it, effectively daring Republicans to join the bill To oppose the measure, highlighting disagreements within the GOP over how to address the problem. The bill would establish a federal right to access IVF and fertility treatments.
Democrats orchestrated the action to point out the hypocrisy of Republicans who rushed to express support for IVF after the Alabama ruling, even though many of them have supported laws declaring that life is at the moment of fertilization begins. Such a bill could significantly restrict or even ban certain aspects of treatments.
“This is really a call to action for my Republican colleagues,” Ms. Duckworth said in an interview on Wednesday. “If it is urgent and you care deeply about the issue, as you say it is — as you have said for the last 72-plus hours since the Alabama Supreme Court ruled — then do not object. Let this bill pass.” She argued that the law’s protections are even more important since the Republican-majority court’s decision in Alabama.
The law was the latest attempt by Republicans to walk a political tightrope – made more dangerous by the Alabama ruling – since the Supreme Court’s Roe v. Democrats have vowed to trounce Republicans on the issue this election year, buoyed by polls showing access to abortion and contraception is a major concern among voters that could pull 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 decision, Roe v. Wade,” said Senator Chuck Schumer, Democrat of New York and Majority Leader. said on Tuesday. “And make no mistake: There will be other terrible, restrictive decisions that will result from the Dobbs decision.”
At least three medical providers in Alabama have suspended IVF treatments since the ruling. This follows cases filed by couples whose embryos were destroyed in 2020 when a hospital patient removed frozen embryos from liquid nitrogen tanks and dropped them on the floor.
Ms. Duckworth had previously tried to pass a similar bill with unanimous consent in 2022, but Sen. 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 should Republicans defeat it, and that Mr. Schumer is “very supportive” of scheduling such a vote after Congress funds the government ahead of two shutdown deadlines has week and next.
Some Republicans said they would look at the bill, but most others argued that it should be up to state legislatures — not the federal government — to protect fertility treatments. They tried to portray the Alabama ruling as an outlier, saying lawmakers there would surely take action to protect IVF soon
“The Dobbs decision said abortion was not part of the Constitution and they sent the matter back to the states. And I think that’s where it belongs,” said Senator John Kennedy, Republican of Louisiana, referring to the Supreme Court’s decision that overturned Roe. “But I 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, you’re going to get a bunch of different ideas about how to deal with it,” Mr. Rounds said Tuesday. “I personally think IVF needs to be part of our future discussions.”
Sen. Mike Braun, Republican of Indiana, said he believes the Alabama Legislature will pass protections for IVF, making a federal law unnecessary.
“Whether it needs federal legislation, I’m open to thinking about it, whatever it may be, but I mean it was done in such an isolated way,” Mr. Braun said of the Alabama ruling. He added that each state will “struggle” over whether frozen embryos should be considered children.
In 2021, Mr. Kennedy, Mr. Rounds and Mr. Braun joined 15 other Republicans in supporting the Life at Conception Act, which would recognize a fertilized egg as a person entitled to equal protection under the 14th Amendment. If enacted, it could significantly restrict IVF treatments, which typically produce multiple embryos. Only one will be implanted while the others will be frozen to allow later attempts at successful implantation.
The same bill gained 166 Republican co-sponsors in the House of Representatives – including Rep. Mike Johnson of Louisiana, the current speaker, who issued a statement in support of IVF on Friday
The measure was reintroduced in the House in January 2023, but some Republicans who previously sponsored it — including some facing tough reelection battles in districts won by President Biden in 2020 — have refrained from joining again. It was not 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 suggestion that fertility treatments could be at risk.
“It’s been incredible to see Republicans now coming out over the weekend to suddenly support IVF, when many of these Republicans are currently literally co-sponsors of legislation that would enshrine fetal personhood,” said Sen. Patty Murray, Democrat of Washington , on Tuesday. “You cannot support IVF and fetal personhood laws. They are fundamentally incompatible. You’re not deceiving anyone.”
In the House of Representatives, Rep. Nancy Mace, Republican of South Carolina, circulated a nonbinding resolution Tuesday declaring her support for access to IVF and other fertility treatments. But the measure is purely symbolic and includes protective measures for both sides.
Democrats said they would not shy away from reminding voters of Republicans’ record on the issue, which they say will drive moderate and independent voters away from the Republican Party
“Women will not simply forget who is responsible – who took away their dream of having a family,” Ms Murray said. “This is what happens when Republican politicians take away women’s power over their own bodies.”
Annie Karni contributed reporting.
Source link
2024-02-28 20:07:28
www.nytimes.com
