Senate Republicans tanked an effort Thursday led by Democrats to advance legislation guaranteeing national access to in vitro fertilization, rallying around their alternative legislation instead.
In a 48-47 procedural vote, Senate Republicans torpedoed the advancement of that bill, with only Sens. Susan Collins (R-Maine) and Lisa Murkowska (R-Alaska) siding joining Democrats. It needed 60 to pass.
Many groused about specifics of the language in the Right to IVF Act and accused Senate Majority Leader Chuck Schumer (D-NY) of teeing up a show vote rather than seeking a viable solution on the matter.
“Senate Democrats have embraced a Summer of Scare Tactics— a partisan campaign of false fearmongering intended to mislead and confuse the American people,” the full GOP Senate conference said in a statement.
“In vitro fertilization is legal and available in every state across our nation. We strongly support continued nationwide access to IVF, which has allowed millions of aspiring parents to start and grow their families.”
Critics have railed against provisions in the Right to IVF Act such as mandates for private health insurance to cover assisted reproduction treatments, without exemptions for religious reasons.
The Right to IVF Act was crafted by Sens. Patty Murray (D-Wash.), Tammy Duckworth (D-Ill.) and Cory Booker (D-NJ) and comes on the heels of a February Alabama Supreme Court decision declaring that embryos in IVF procedures are unborn children.
President Biden and Democrats quickly pounced on the GOP vote against the Right to IVF Act.
“Once again, Senate Republicans refused to protect access to fertility treatments for women who are desperately trying to get pregnant,” Biden said in a statement.
“And just last week, Senate Republicans blocked nationwide protections for birth control. The disregard for a woman’s right to make these decisions for herself and her family is outrageous and unacceptable,” he added, referencing the GOP vote against a contraception bill Republicans said went too far.
“Despite claiming to support IVF, Senate Republicans blocked my Right to IVF Act. This is the third time they’ve blocked legislation to protect IVF nationwide. This is who Republicans are,” Duckworth chided.
On Wednesday, Sens. Katie Britt (R-Ala.) and Ted Cruz (R-Texas) renewed their push for the alternative IVF Protection Act that they unveiled several weeks ago. Democrats contended that legislation was rife with loopholes that state legislatures could exploit.
“Democrats blocked the IVF Protection Act yesterday for one reason — so they wouldn’t lose a key scare tactic ahead of November. While Democrats prioritize scaring families, Republicans will continue to fight for policies that strengthen families,” Britt argued Thursday.
Also on Wednesday, the Southern Baptist Convention — the largest Protestant denomination in the US — green-lit a resolution rejecting IVF, declaring that it allows “the destruction of embryonic human life.”
Ever since the overturn of Roe v. Wade in 2022, Democrats have ramped up offense against the GOP on reproductive matters.
They’ve endeavored to put Republicans on the defensive over IVF since the Alabama court decision.
After that decision, multiple IVF clinics paused their operations out of fear that they could face criminal penalties if they destroyed frozen embryos in their lab either inadvertently or intentionally. Alabama has since passed a law providing criminal and civil immunity to IVF clinics.
Left largely out of the public discourse were the parents who tragically lost embryos in lab snafus and filed the lawsuit that triggered the court’s ruling. But the ordeal triggered a national firestorm over IVF.
IVF is a procedure in which eggs and sperm are combined in a lab with the purpose of initiating pregnancy, particularly in patients with complications. Due to the complex nature of fertilization, IVF can produce an excess amount of embryos and even nonviable ones.
An outpour of Republicans has underscored their support for IVF and stressed that no state has actually banned the procedure.
“Once again, Democrats have chosen to politicize a deeply personal issue for short-term gain. Let me set the record straight: I support IVF,” Sen. Bill Cassidy (R-La.) argued Thursday.
“Pushing a bill that is haphazardly drafted and destined to fail does a disservice to all women who may pursue IVF treatments.”
House Democrats had been teeing up a discharge petition to take up similar legislation to the Right to IVF Act in the lower chamber.
Republicans have also engaged in messaging legislation to make Democrats take uncomfortable votes.
In the House, they’ve considered a handful of resolutions on Israel that have taken advantage of progressive infighting over the Israel-Hamas war.
Earlier in the day Thursday, the Supreme Court opted to preserve widespread access to Mifepristone, part of a two-drug regimen commonly used to induce abortions.
