WASHINGTON (AP) — The Senate is set to vote for the second time this year on a proposal aimed at establishing a nationwide right to in vitro fertilization (IVF), a strategic move by Democrats to challenge Republicans on women’s health issues ahead of the upcoming elections.
The vote, scheduled for Tuesday, is unlikely to pass given that Republicans previously blocked similar legislation earlier this year. However, Democrats are utilizing this re-vote to apply pressure on Republican candidates while contrasting Vice President Kamala Harris’s stance on women’s health with that of former President Donald Trump, who has dubbed himself a “leader on IVF.”
This renewed effort was ignited following a ruling by the Alabama Supreme Court, which declared that frozen embryos could be legally considered children, prompting several IVF clinics in the state to halt treatments until the GOP-controlled legislature enacted a law to protect these clinics legally.
In June, Democrats seized upon this issue, holding a vote on the bill introduced by Illinois Senator Tammy Duckworth, cautioning that the U.S. Supreme Court might target IVF procedures next after the 2022 decision to overturn Roe v. Wade. The legislation seeks to increase access to IVF and reduce costs associated with the treatment.
“The hard right has set its sights on a new target,” Senate Majority Leader Chuck Schumer (D-N.Y.) stated on the Senate floor.
In response to the Democrats’ efforts, all but two Republicans opposed the legislation, arguing that it infringes upon states’ rights. Many GOP members dismissed the bill as unserious. Nonetheless, Republicans are trying to counter the narrative, with some expressing support for IVF. Recently, Trump announced plans—albeit vague—to mandate that health insurance companies or the federal government cover IVF costs.
During a recent debate with Harris, Trump claimed to be a “leader” on the matter, referencing the Alabama court’s “very negative” ruling that was subsequently reversed by state legislation.
The issue of IVF has become a potential vulnerability for Republicans as some state laws, passed by their party, grant legal personhood to embryos, complicating IVF practices that may involve the destruction of embryos.
Duckworth, a military veteran who relied on IVF to have her children, has been a prominent advocate for this legislation. Following the earlier vote that blocked the bill, she directed strong remarks at her GOP colleagues, stating, “How dare you.”
Republicans have attempted to propose alternatives, including measures to prevent states from explicitly banning IVF, but these have been rejected by Democrats who deem them insufficient.
In June, Republican Senators Katie Britt (Alabama) and Ted Cruz (Texas) sought to introduce a bill threatening to cut Medicaid funding to states that prohibit IVF. Senator Rick Scott (Florida) mentioned in a floor speech that his daughter is currently undergoing IVF treatment and suggested expanding the flexibility of health savings accounts.
Cruz, who is running for reelection, criticized Democrats’ push for legislation as a “cynical political decision.”
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