Democrats' Abortion Rights Bill Fails to Advance in the Senate

What’s the story?

• The Senate voted Monday to reject a bill offered by Democrats to enshrine abortion rights and prevent states from enacting restrictions on abortion. 
• The vote failed 46-48, well short of the 60 vote threshold needed to overcome the legislative filibuster. All Republican senators who were present voted against advancing the bill and they were joined by Sen. Joe Manchin (D-WV).

What’s the bill?

• Democrats’ bill ― known as the Women’s Health Protection Act ― would create a federal right to abortion and preempt state laws on the subject. It would define fetal viability for legal purposes based on healthcare providers’ good-faith medical judgment about whether there’s a likelihood of sustained fetal survival outside the womb or without artificial support.
• The bill would block requirements that a healthcare provider performs tests or medical procedures unless generally necessary; that specified tests be performed prior to or subsequent to the abortion; or that impose limits on a healthcare provider’s ability to provide abortion services via telemedicine. It would also prohibit regulations concerning the abortion facility’s physical plant, equipment, staffing, or hospital transfer arrangements; and requirements that a patient make one or more in-person visits to the abortion provider or another entity.
• Additionally, the bill would block a prohibition on abortion prior to fetal viability, including restrictions on particular abortion procedures; ban abortion after viability when the healthcare provider determines a continued pregnancy would pose a risk to the pregnant woman’s life or health; or to provide abortion services immediately if the provider determines a delay would pose a risk to the woman’s health.
• The bill passed the House on September 24, 2021, on a 218-211 vote that went mostly along party-lines as all Republicans were opposed and they were joined by one Democrat, Rep. Henry Cuellar (D-TX).

— Eric Revell

(Photo Credit: kelliwhitman via Flickr / Creative Commons )