Senate to vote on IVF package amid Democrats’ reproductive rights push

June 13, 2024
3 mins read
Senate to vote on IVF package amid Democrats’ reproductive rights push


Washington – The Senate is expected to vote Thursday afternoon on a legislative package to protect access to in vitro fertilization, as Democrats make a push on reproductive rights this month — two years after the Supreme Court overturned Roe v. – despite almost certain opposition from Republicans.

The issue drew national attention after the Alabama Supreme Court earlier this year ruled that embryos are considered children under state law, prompting providers to stop fertility treatments. (O Legislature subsequently passed legislation to protect in vitro fertilization in the state.)

Across the country, Democrats pinned the blame on Republicans as the development raised concerns about similar measures elsewhere, warning of a new front in the fight for reproductive rights.

“After Roe and after scary rulings like the one in Alabama, many families fear that this basic service cannot be taken for granted,” Senate Majority Leader Chuck Schumer said Tuesday. “The Senate can alleviate people’s concerns and protect their freedoms through legislation.”

On Thursday afternoon, the Upper Chamber is expected to hold a procedural vote on the package, called the Right to IVF Act, made up of four bills, some of which have already been blocked by Senate Republicans. The package, which has almost no chance of passing, is sponsored by Senators Tammy Duckworth of Illinois, Patty Murray of Washington and Cory Booker of New Jersey, and centers on the right to receive and provide IVF services while working. to make treatments more accessible.

Senator Tammy Duckworth speaks alongside Senator Cory Booker during a news conference about access to in vitro fertilization (IVF) treatments outside the U.S. Capitol on June 12, 2024 in Washington, DC.
Senator Tammy Duckworth speaks alongside Senator Cory Booker during a news conference about access to in vitro fertilization (IVF) treatments outside the U.S. Capitol on June 12, 2024 in Washington, DC.

Anna Moneymaker/Getty Images


One measure would create a legal right to access assisted reproductive services, such as in vitro fertilization. Duckworth tried to secure the bill’s passage in February with unanimous consent, but a Republican senator objected, claiming it would go too far. The package also includes a measure aimed at expanding access to fertility treatments for veterans, which was also blocked by a Republican senator earlier this year. Other provisions aim to reduce costs for Americans by requiring insurance plans to cover in vitro fertilization.

Another reproductive rights push failed in the Senate last week when Democrats tried to advance legislation that would protect access to contraception , with most Republicans opposing the measure. The two votes are part of an effort by Democrats to highlight reproductive rights this month in light of the November elections, which Republicans have criticized. But Schumer argues that the votes are not mere messaging votes.

“Protecting IVF, like protecting contraception, is not a theatrical vote,” Schumer said at a news conference Wednesday. “It’s a vow to show us who you are.”

However, Senate Democrats want to make clear to Republicans the issues surrounding reproductive rights, which have been a driving force at the polls.

“Every Republican needs to answer clearly: Do you want our laws to protect in vitro fertilization, or do you want laws that say frozen embryos have the same rights as living, breathing human beings?” Murray said at a press conference on Wednesday. “You can’t have both.”

And when it comes to in vitro fertilization, although Senate Republicans have largely voiced their support for fertility treatments in the wake of the Alabama decision, lawmakers appear to be at odds over a path forward that would satisfy both parties.

Last month, two Republican senators, Senators Ted Cruz of Texas and Katie Britt of Alabama, introduced legislation to protect access to in vitro fertilization, appealing for bipartisan support. But Democrats quickly walked back the legislation, questioning its scope and mechanism.

The GOP bill, called the IVF Protection Act, would require states to “not prohibit in vitro fertilization” as a condition for states to receive federal funding for Medicaid, which provides health insurance for low-income Americans. The bill does not require an organization or individual to provide IVF services and does not prevent states from regulating IVF — which Democrats generally oppose.

On Wednesday, Cruz and Britt tried to approve the legislation under unanimous consent in order to bring forward the Democrat-led vote on Thursday. But Murray blocked the measure, calling it a “public relations tool” and arguing that it is “ridiculous to claim that this bill protects IVF when it does nothing of the sort.”

While the Democrats’ IVF package is unlikely to move forward, at least one Republican, Sen. Susan Collins of Maine, has said she intends to vote to advance the IVF package. She told reporters that she doesn’t want “the message to be that Republicans are against in vitro fertilization,” but also noted that the measure is “clearly not a serious attempt at legislation.”

And Sen. Lisa Murkowski, R-Alaska, said she is still analyzing the components of the package. The two Republicans were the only members of their party to vote in favor of advancing contraceptive legislation last week.

Alan He contributed reporting.



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