abortion
Senate Republicans Block Yet Another Reproductive Rights Bill
"The American people want to know where their senators stand on freedom of choice," said Democratic Senate Majority Leader Chuck Schumer.
In another display of GOP lawmakers' opposition to reproductive rights, U.S. Senate Republicans on Wednesday blocked the Reproductive Freedom for Women Act.
Introduced last month by Sen. Patty Murray (D-Wash.), the bill states that "the protections enshrined in Roe v. Wade... should be restored and built upon, moving towards a future where there is reproductive freedom for all."
The bill also acknowledges Dobbs v. Jackson Women's Health Organization, the right-wing U.S. Supreme Court's June 2022 ruling that reversedRoe, the decision that had affirmed the right to abortion until viability since 1973. Dobbs set off a fresh wave of efforts to impose devastating new restrictions on reproductive healthcare.
"If Republicans are going to force women to stay pregnant, we are going to force them to be honest with the American people about their extreme position. And, by the way, Democrats are going to keep fighting to restore the rights the American people have been so clear that they want back," Murray said on the Senate floor before Wednesday's vote.
The vote was 49-44, mostly along party lines. Seven senators were not present, and Sens. Susan Collins (R-Maine) and Lisa Murkowski (R-Alaska) were the only Republicans who supported holding a final vote on the legislation. Senate Majority Leader Chuck Schumer (D-N.Y.) changed his vote to "no" so he can bring the bill back up at a later date.
Wednesday's vote followed Republicans blocking bills on in vitro fertilization (IVF) and contraception last month. It also came after the GOP blocked three bills on Tuesday, which aimed to affirm the freedom to cross state lines for abortion care, protect doctors providing legal abortions from being punished for treating patients from other states, and support training for more providers.
"We know where the American people stand on the freedom of choice: Over 80% of Americans—including two-thirds of Republicans—agree that healthcare decisions including abortion should be between a woman and her doctor," Schumer said on the Senate floor Wednesday.
"But Americans are rightfully worried that reproductive rights are becoming extinct in this country. They see what's happening at the Supreme Court. They see the attacks on women's rights in states like Texas and Florida and Alabama and Idaho and beyond," he continued. "The American people want to know where their senators stand on freedom of choice."
The Senate majority leader also called out former President Donald Trump, the presumptive Republican nominee to face embattled Democratic President Joe Biden in November.
While Trump's recognition that rolling back reproductive freedom is unpopular is reportedly what led to changes in the Republican Party's 2024 policy platform, campaigners and legal experts have warned this week that the final language is still incredibly threatening and the GOP can't be trusted on this issue.
The White House said Tuesday that "the administration strongly supports Senate passage" of the bill and "will continue to work with Congress to defend reproductive freedom once and for all."
The statement also called out the GOP, saying that "Republican elected officials' extreme agenda is putting women's health and lives at risk and unleashing chaos and cruelty across America."
After the vote Wednesday, Reproductive Freedom for All president and CEO Mini Timmaraju said in a statement that "we're grateful to Sen. Murray, Leader Schumer, and our champions in the Senate for continuing to hold Republicans' feet to the fire for the damage they've done to reproductive freedom."
She added that "the GOP must be held accountable for the abortion bans they've helped orchestrate and refuse to back down from—and this November, they will be voted out of office."
Abortion Rights Defenders Say Don't Be Fooled by GOP Platform Change
"Voters don't want abortion bans," said one advocate. "Republicans know it and this plan shows just how desperate Trump and the MAGA GOP are to strip away our reproductive freedom."
Reproductive freedom advocates on Monday warned against trusting the Republican Party, whose 2024 policy platform now "reads like the transcript" from one of former U.S. President Donald Trump's rallies—including its section on abortion.
"Republicans want to criminalize abortion care and impose a nationwide ban," declared U.S. House Minority Leader Hakeem Jeffries (D-N.Y.). "The far-right extremists lied to the American people about respecting the precedent of Roe v. Wade. They are lying once again."
Trump, a frequent liar, attacked reproductive freedom as president and has bragged about appointing half of the U.S. Supreme Court justices who reversedRoe with a Dobbs v. Jackson Women's Health Organization ruling that paved the way for strict bans in over a dozen states.
However, Trump has also tried to distance himself from some extreme and devastating policies, recognizing them as politically risky as he runs for the White House against embattled President Joe Biden, a Democrat campaigning on his support for reproductive rights.
The GOP abortion policy appears on the second-to-last page of the 2024 platform, released just a week before the Republican National Convention is set to kick off in Milwaukee, Wisconsin. It states:
Republicans Will Protect and Defend a Vote of the People, from within the States, on the Issue of Life
We proudly stand for families and Life. We believe that the 14th Amendment to the Constitution of the United States guarantees that no person can be denied Life or Liberty without Due Process, and that the States are, therefore, free to pass Laws protecting those Rights. After 51 years, because of us, that power has been given to the States and to a vote of the People. We will oppose Late Term Abortion, while supporting mothers and policies that advance Prenatal Care, access to Birth Control, and IVF (fertility treatments).
Trump says he supports states making abortion policies. The Associated Pressreported that the platform reflects his position, "omitting the explicit basis for a national ban for the first time in 40 years."
According toPolitico, "Trump didn't just edit the platform language, but wrote some parts of the 15-page draft himself."
The Republican National Committee's (RNC) platform panel approved the document in an 84-18 vote, notedThe New York Times, which added that Trump "was especially focused on softening the language on abortion."
In response to the Times reporting, journalist Paul Blest asserted on social media that "this is such a ridiculous framing on this story about the Republican platform."
"The platform didn't soften the abortion [stance], it just didn't mention it, and the people whose job is to advocate for abortion bans are totally fine with it," Blest continued. "Why do you think that would be?"
"If there's a landslide thanks to Biden's hubris you can bet the GOP will try to jam through a 15-week ban, then a 12-week ban, then a six-week ban, then a full ban with exceptions, then a full ban with no exceptions," he warned. "Whether the platform says it or not."
University of Texas law professor Liz Sepper explained what is included in the platform, saying: "Y'all, the RNC draft platform does not 'moderate' on abortion. It commits to constitutional personhood for fetuses. It takes the view that it is not a mere statute but rather the Constitution that bans abortion nationwide."
"Allow me to anti-abortion translate: The 14th Amendment to the U.S. Constitution protects life of fetuses," Sepper said. "With Roe, states could not so legislate. After Dobbs, they can legislate this view. And the 14th Amendment prohibits denial of fetal life IN ALL STATES."
"This is commitment to full constitutional personhood for blastocysts/embryos/fetuses," she continued. "That is, the RNC is committing to ensure embryos have rights equal to a full human person. There is no universe where embryos have constitutional rights and IVF can still happen on any scale."
Addressing the platform in an email, Biden's campaign said that "in a desperate attempt to conceal his extreme stance on abortion, Donald Trump directed the RNC to hide the ball on their unpopular plans to ban abortion nationwide—with or without Congress."
"Trump has endorsed every extreme abortion ban, including those with no exceptions for rape or incest, and has even said states should have the right to punish and prosecute women who have an abortion and monitor their pregnancies," the campaign added. "No one is buying Trump's sudden backtracking, including his fellow abortion banners."
The Biden campaign and other critics highlighted praise for the platform from leaders of anti-choice groups including Americans United for Life, Students for Life of America, and Susan B. Anthony Pro-Life America.
Meanwhile, Mini Timmaraju, who leads Reproductive Freedom for All, said that "the GOP wants to ban abortion nationwide—and their platform shows that they'll try to use the 14th Amendment to do it."
"Voters don't want abortion bans," she emphasized. "Republicans know it and this plan shows just how desperate Trump and the MAGA GOP are to strip away our reproductive freedom."
Kansas Supreme Court Affirms Abortion Rights, Strikes Down Restrictions
"This is an immense victory for the health, safety, and dignity of people in Kansas and the entire Midwestern region, where millions have been cut off from abortion access," said one advocate.
Reproductive rights defenders on Friday cheered a pair of Kansas Supreme Court decisions reaffirming the right to abortion and striking down various restrictions—rulings expected to impact people beyond the Midwestern state, given how many patients must now travel for care.
"The state devoted much of its brief to inviting us to reverse our earlier ruling in this case that the Kansas Constitution protects a right to abortion. We decline the invitation," Justice Eric Rosen wrote in the decision against Senate Bill 95, which outlawed a common abortion procedure for second-trimester pregnancies called dilation and evacuation (D&E).
Rosen was referring to the court's 2019 ruling that "Section 1 of the Kansas Constitution Bill of Rights affords protection of the right of personal autonomy," which "allows a woman to make her own decisions regarding her body, health, family formation, and family life—decisions that can include whether to continue a pregnancy."
The justice wrote Friday that "S.B. 95 does not further patient safety, it compromises patient safety," noting that "as the district court found and the state did not contest, S.B. 95 eliminates a safe and common medical procedure and leaves patients subject to procedures that are rarely used, are untested, and are sometimes more dangerous or impossible."
The court's other new ruling was about what critics call targeted restrictions on abortion providers (TRAP) policies. Both decisions were 5-1—with Justice Stegall Caleb dissenting and Justice K.J. Wall not participating—and followed Kansas voters rejecting a proposed anti-choice amendment to the state constitution in August 2022.
"Now the Kansas Supreme Court has decisively reaffirmed that the state constitution protects abortion as a fundamental right."
"Kansas voters made it loud and clear in 2022: The right to abortion must be protected. Now the Kansas Supreme Court has decisively reaffirmed that the state constitution protects abortion as a fundamental right," said Nancy Northup, president and CEO of the Center for Reproductive Rights, which was involved with both cases.
"This is an immense victory for the health, safety, and dignity of people in Kansas and the entire Midwestern region, where millions have been cut off from abortion access," Northup added. "We will continue our fight to ensure Kansans can access the essential healthcare they need in their home state."
The anti-choice ballot measure's failure two years ago came shortly after the U.S. Supreme Court's right-wing supermajority reversedRoe v. Wade with Dobbs v. Jackson Women's Health Organization—which bolstered GOP efforts to further restrict reproductive rights at the state level, forcing patients to more frequently travel for abortion care.
Kansas allows abortion care up until 22 weeks of pregnancy and has seen an influx of healthcare refugees from states that have imposed bans. The Guttmacher Institute said last month that "in Kansas, clinic numbers increased by 50% (from four to six) between 2020 and 2023, and the number of abortions rose by 152% (an increase of 12,440)."
Despite the fresh wins in court, the broader battle for reproductive freedom continues in Kansas. As KMUWreported Friday:
Several new abortion laws took effect in Kansas earlier this week, but one of them—a law requiring doctors to ask patients getting abortions their reason for doing so—is being challenged in court. A Johnson County judge said Monday that doctors could add the law to a larger lawsuit they brought against a handful of older state abortion restrictions, including a 24-hour waiting period. The judge agreed to temporarily block the older laws while the case proceeds.
The Kansas Department of Health and Environment told providers it will "not, for now" enforce the abortion reasons law, providers said Monday. The health department has not responded to requests seeking to confirm that.
The Center for Reproductive Rights noted Friday that it "is currently representing abortion providers in another ongoing challenge to several onerous restrictions including a law forcing providers to falsely tell their patients that a medication abortion can be 'reversed,' an unproven claim not based on medicine or science."