Sen. Cory Booker, D-NJ., accompanied by Senate Majority Leader Chuck Schumer, D-NY, left, and Sen. Tammy Duckworth, D-Ill., right, speaks about the need to protect rights to in vitro fertilization (IVF), before Senate vote on the issue.
Ben Curtis / AP
Senate Republicans blocked a Democratic bill to provide a nationwide right to IVF treatments. It was the second time Senate Democrats tried and failed to advance the measure.
Reproductive freedom has remained a central issue in several Senate contests that will determine which party controls the chamber after the November election. Democrats used the vote in an effort to draw a public contrast with Republicans over an issue that has animated voters across the country.
The procedural vote required 60 votes to advance the bill, but it failed 51- 44.
Days before the vote GOP lawmakers dismissed the move as a "show vote." Senator John Thune, R-S.D., told reporters Tuesday that "Republicans support IVF full stop," and added, "this is simply an attempt by Democrats to try and create a political issue where there isn't one."
But the sponsor of the Right to IVF bill, Illinois Senator Tammy Duckworth, took issue with GOP claims that they back IVF, telling NPR she changed an earlier version of her legislation after the Alabama Supreme Court ruled in February that discarded embryos from fertility treatments were considered children under state law, prompting doctors in the state to halt IVF procedures and raise concerns nationally about similar bills passing in other states and blocking access to the treatments.
Legislation would create nationwide rights for fertility treatments
Duckworth’s bill would establish a statutory right for individuals to access in vitro fertilization treatments and empower the Justice Department to enforce the law. It would also provide access to servicemembers for treatments and counseling and increase affordability for fertility care by requiring insurers in both private and public health care plans to cover treatments.
Duckworth, an Iraq war veteran injured in combat who has two daughters born via IVF treatment, said Trump's public pronouncement recently that he supported IVF was reason enough to hold a second vote on the legislation.
Senate vote follows Trump’s public support for IVF
"That's all this bill does, you have the right to access IVF if you want it," Duckworth said in an interview. Duckworth said she agreed with Trump's position that federal government should cover the costs of the treatments, and insurers should be required to cover it. But she said the fundamental problem with his proposal is that federal coverage won't matter if some states have laws in place barring access if embryos are deemed persons.
"You can cover it all you want, but if there is nobody to perform the procedure than you don't have access to it. So his argument is really a red herring and it's meant to fool and deceive the general public, which is a disservice to Americans," Duckworth argued.
Florida Republican Sen. Rick Scott, who is up for reelection in November, floated his own proposal on Monday and urged Democrats to vote on it. His plan would expand health savings accounts to allow individuals to expand contributions to help pay for IVF. He noted his daughter is undergoing IVF and called the Democratic effort this week a messaging effort.
"They need to sit down with us and try to come up with a bill that will pass," Scott said.
Duckworth says her bill would accomplish what Scott wants in terms of boosting coverage for the procedures. But she says Scott is trying to have it both ways, telling NPR, “you can’t support a fertilized egg being a human being — this personhood stuff which Rick Scott has said he supported — and also say you support IVF. The two are contradictory.”
Democrats use the vote as a campaign issue
Senate Majority Leader Chuck Schumer tried to link Senate Republicans to Project 2025, the detailed policy agenda published by the Heritage foundation, which includes restrictions on reproductive health care. Trump and most GOP lawmakers have disavowed the document, but before the vote on Tuesday Schumer said if GOP Senators vote no on the IVF bill "it will be further proof that Project 2025 is alive and well."
The issue is also featuring prominently in the battle for control of the House of Representatives. GOP candidates in swing House contests have stressed support for IVF in campaign ads, and are pushing back at Democratic arguments that a Trump White House and GOP-controlled Congress would advance restrictions on reproductive health care. A handful of House Republicans have cosponsored legislation sponsored by Pennsylvania Democratic Rep. Susan Wild to ensure access to IVF.
But Rep. Suzan DelBene, D-Wash., the chair of the House Democrats' campaign committee, said moderates have voted for other policies that conflict with their recent support for IVF.
"Now that they’ve realized it’s a losing issue for them, they’re desperately attempting to cover up their extreme record from the voters they seek to represent," she said. "As they have done time and time again, the American people will reject extreme attacks on reproductive freedom in November, giving Democrats a House majority that will defend freedom.”
House Speaker Mike Johnson has publicly backed access to IVF following the debate over the Alabama Supreme Court ruling earlier this year but hasn’t advanced any legislation on the issue.
NPR's Barbara Sprunt contributed to this report
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