Civic Register
| 5.11.22
Senate Rejects Democrats' Bill to Codify Abortion Rights Before & After Fetal Viability
How do you feel about the Senate’s vote?
What’s the story?
- The Senate offered yet another bipartisan rejection of Democrats’ Women’s Health Protection Act on Wednesday, which failed to clear a procedural hurdle on a 49-51 vote ― well short of the 60 votes needed for debate to continue.
- It’s the second time in two and a half months the Senate has rejected the bill, as it failed on a 46-48 vote at the end of February. In the most recent vote, all Republicans plus Sen. Joe Manchin (D-WV) opposed the bill, while the rest of the Senate Democratic caucus supported the bill.
- The vote comes as the Supreme Court is poised to rule on Mississippi’s 15-week abortion ban in the coming weeks or months, potentially overturning abortion precedents in the process.
What would the bill do?
- Introduced by Sen. Richard Blumenthal (D-CT), the Women’s Health Protection Act would create a federal statutory right to abortion that would allow women to undergo abortions without having to comply with nearly all existing state-level abortion restrictions.
- It would prohibit all restrictions on abortion prior to viability and permit abortions after fetal viability if a healthcare provider determines the pregnancy would pose a risk to the mother’s physical or mental health. The bill doesn’t provide a definition of physical or mental health and makes no effort to distinguish between the two.
- Fetal viability would be defined by the bill as whatever point at which a healthcare provider’s good-faith medical judgment finds a reasonable likelihood of sustained fetal survival outside the uterus with or without artificial support. The bill doesn’t define viability in terms of time ― be it trimester, months, or weeks of pregnancy ― and leaves that judgment solely with the healthcare provider.
- The bill would allow non-doctors to perform abortions, allowing healthcare providers such as a certified nurse-midwife, nurse practitioner, or physician assistant to do so. It would also strike down state rules regarding the physical plant, equipment, staffing, or hospital transfer arrangements of abortion facilities, or the credentials or hospital privileges of personnel at such facilities.
- States would be prohibited from imposing a number of limitations or requirements on abortion access, including many of those currently permitted under Roe, Casey, and other precedents or currently codified under laws like the Partial-Birth Abortion Ban Act which was enacted in 2003 and upheld by the Supreme Court in 2007.
- Notably, the Women’s Health Protection Act would bar a state from prohibiting abortion prior to fetal viability, including a restriction on particular abortion procedures. It would also prohibit states from restricting abortions after fetal viability if a healthcare provider determines continued pregnancy would pose a risk to the pregnant woman’s life or health.
- Among the state-level abortion restrictions that would be invalidated by this bill include those which require a check for a fetal heartbeat or an ultrasound to be performed; waiting periods; parental notification requirements for minors receiving abortions; and the provision of information about alternatives to abortion.
- The bill may also require states to finance abortion procedures due to a prohibition on rules deemed likely to raise the cost of abortions and strike down state-level restrictions on sex-selective abortions.
- Further, the bill would preempt the Religious Freedom Restoration Act and similar state-level conscience protection laws, which give religious or denominational healthcare facilities and individual healthcare workers the ability to decline to perform an abortion because it conflicts with their moral or religious views.
- Additionally, this bill would instruct courts to interpret its provisions and legislative text “liberally” when it’s undergoing judicial review.
What they’re saying
- Moderate Sen. Joe Manchin (D-WV) said that while he supports a “clean” bill to codify Roe v. Wade into law, it was a “shame” that Democratic leadership brought the Women’s Health Protection Act to the floor again because it goes further than simply codifying Roe. He told Politico:
“They’re trying to make people believe that this is the same thing as codifying Roe v. Wade. And I want you to know, it’s not. This is not the same. It expands abortion.
- Centrist Sens. Susan Collins (R-ME) and Lisa Murkowski (R-AK) are attempting to draft a bill with Manchin that would codify Roe, although it’s unclear whether Majority Leader Chuck Schumer (D-NY) would give it a vote. Collins expressed similar frustration with the Women’s Health Protection Act, telling reporters she backs:
“(C)odifying abortion rights established by Roe v. Wade and affirmed by Planned Parenthood v. Casey. That’s not what the Women’s Health Protection Act would do. Unlike some far-left activists, Sen. Murkowski and I want the law today to [remain law].”
- Senate Majority Leader Chuck Schumer (D-NY) spoke on the floor prior to the vote and said of the Women’s Health Protection Act:
“The legislation before this chamber is straightforward: it would codify what Americans already believe, that the right to choose whether or not to have an abortion belongs to women, not elected politicians. It will preserve the safeguard that conservative Justices seem ready to strike down in just a few weeks. If they follow through with their decision, the United States ― which has always aspired to the expansion of rights ― will take a shameful and repressive step backwards. Our kids will grow up in a country with fewer rights than those who came before them. This decision, if formalized, would be remembered as one of the worst and most damaging cases in the entire history of the Supreme Court.”
- Minority Leader Mitch McConnell (R-KY) also spoke on the floor and criticized the Women’s Health Protection Act as drafted by Democrats:
“Sum it up: This legislation would allow abortions of viable babies, in the ninth month, with no waiting period or informed consent, at the hands of a non-physician, taxpayers could be forced to pay for it, and Catholic hospitals could be forced to perform it. Democrats could not have written more extreme legislation. They have let fringe activists lead them far away from the American people. More than 60% of Americans support 24-hour waiting periods and requiring that doctors have admitting privileges. Even majorities of self-identified Democrats support these things. But Washington Democrats want to roll them back. Only 19% of Americans want abortions to be entirely or mostly legal into the third trimester. But 97% of Washington Democrats back this bill.”
RELATED READING
- Democrats’ Abortion Rights Bill Fails to Advance in the Senate (2/28/22)
- Women’s Health Protection Act (House Version)
- What Did the Supreme Court Say About Abortion Rights in Cases Like Roe, Casey, & Others?
— Eric Revell
(Photo Credit: kelliwhitman via Flickr / Creative Commons)
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States with trigger laws to ban abortion:
Alabama—Pre-Roe ban, Near-total ban, State constitution bars protection
Arizona—Pre-Roe ban
Arkansas—Pre-Roe ban, Trigger ban, Near-total ban
Georgia—Six-week ban
Idaho—Trigger ban, Six-week ban
Iowa—Six-week ban
Kentucky—Trigger ban, Six-week ban
Louisiana—Trigger ban, Near-total ban, Six-week ban, State constitution bars protection
Michigan—Pre-Roe ban
Mississippi—Pre-Roe ban, Trigger ban, Six-week ban
Missouri—Trigger ban, Eight-week ban
North Dakota—Trigger ban, Six-week ban
Ohio—Six-week ban
Oklahoma—Pre-Roe ban, Trigger ban (effective November 1, 2021), Near-total ban, Six-week ban
South Carolina—Six-week ban
South Dakota—Trigger ban
Tennessee—Trigger ban, Six-week ban, State constitution bars protection
Texas—Pre-Roe ban, Trigger ban, Six-week ban
Utah—Trigger ban, Near-total ban
West Virginia—Pre-Roe ban, State constitution bars protection
Wisconsin—Pre-Roe ban
. Wyoming—Trigger ban
https://www.guttmacher.org/article/2021/10/26-states-are-certain-or-likely-ban-abortion-without-roe-heres-which-ones-and-why
States with the highest child poverty:
1. Mississippi
2. Louisiana
3. New Mexico
4. Kentucky
5. Arkansas
6. West Virginia
7. Alabama
8. Oklahoma
9. Tennessee
10. South Carolina
https://www.usnews.com/news/best-states/slideshows/us-states-with-the-highest-poverty-rates?slide=3
States with the lowest per pupil funding for schools:
51. Utah
50. Idaho
49. Tennessee
48. Arizona
47. Mississippi
46. Oklahoma
45. Alabama
44. South Dakota
43.Arkansas
42. Kentucky
41.Florida
https://teaching-certification.com/teaching/education-spending-by-state/
Point being all of these states that claim to love the unborn fetus, don't give two sh*ts about the kids in their states once they become a living being.
Wow, eggs vs fetus. daines is an idiot! At least as stupid as cornyn and cruz.
https://truthout.org/articles/senator-compares-pregnant-people-to-sea-turtles-in-anti-abortion-statement/
“Can someone explain to Sen. Daines that women don’t lay eggs?” tweeted Laura Dronen, communications director for North Dakota Democratic-Nonpartisan League Party.
“Shocking no one, Sen. Steve Daines bio says he’s an avid hunter who kills birds,” noted Shannon Watts, founder of Moms Demand. “What do you want to bet he also eats eggs?”
Political commentator Lindy Li also tweeted about Daines’s comments, enjoining them to a number of other preposterous remarks anti-abortion conservatives have made in the past week or so.
“Montana Senator Daines compares women to sea turtles. [Ohio GOP Senate candidate] JD Vance says rape is ‘inconvenient.’ Alito thinks we’re host bodies that produce for the ‘domestic supply of infants.’ [Ohio Republican] Rep. Jean Schmidt says rape is an opportunity. The misogyny of the GOP isn’t a bug. It’s the whole shebang,” Li said.
When a minority can force a majority to do something (have a child), we no longer have a democracy.
The Democrats knew that this would never pass. All, just a game for them. Their objective was two-fold. 1: To get the voting of each Rep. on record as if that will change anything 2: So they can tell their voters ... See, I tried, but it was those Republicans who stood in the way.
College students learn something new about Roe v Wade and change their stance.
https://www.facebook.com/AllianceDefendingFreedom/videos/636803817689771/
Not really sure why the democrats are so fired up about abortion. Read the opinion. It returns the right back to the states. With so many other problems, the senate only cares about abortion and writes a bill in 24 hours.
I guess that's all they care about.
There is no sense of urgency to pass abortion legislation unless there is a Supreme Court final opinion that overturns Roe v Wade (1973). Until then it's political posturing for mid-terms, and bipartisan backup legislation (Collins, Kaine), seeking a compromise that 60 Senators might support.
As expected Women’s Health Protection Act did not have the necessary 60 votes to pass, or support for a filibuster carve out to pass it with a simple majority. Both parties were only interested in positioning for mid-year elections.
Collins & Murkiwski have proposed a bill based on 1992 Planned Parenthood v. Casey decision that prohibits “unnecessary” health regulations that present a “substantial obstacle” to women seeking an abortion constitute an undue burden but leave it to the courts to determine which regulations could remain and wouldn't stop extreme state laws like Texas 6 week limit.
There is a better chance of success with a new Bipartisan effort (Collins, Kaine) on a focused bill that would accomplish the goal of ensuring that if the Supreme Court does rule to overturn Roe v. Wade and Planned Parenthood v. Casey that there would be no change in a woman's right to choose.
https://bangordailynews.com/2022/05/11/politics/competing-abortion-bills-show-big-differences-between-collins-and-democrats-xoasq1i29i/
https://www.politico.com/minutes/congress/05-11-2022/
We saw this outcome before the vote. Both sides gearing up for mid-terms, while we still do not have codified what most Americans want. Way to represent.
It's truly disgusting that my niece's health care is being decided by two RAPISTS/ SEXUAL ASSULTERS OF WOMEN with the Supreme Courts leaked draft. I am glad Senator Schumer brought this up to a vote in the Senate where we can see where Senators stand--I HOPE THIS ENERGIZES THE DEMOCRATIC VOTERS!!! While I am not surprised by the outcome, America's Nazi Party showed how disgusting they are. Look when SEVENTY PERCENT of the country is in support of an idea--you know we will get it passed. Oh to my third reich "reps" Risch and CRAPo 70% of America believes abortion should be legal--and 70 is a VAST MAJORITY of Americans. I know numbers trip you up because your heads up your Hitler's ass. I understand you have chosen to rot in hell but can you make sure you tell your grand daughters how if they get raped you value their rapist baby over their health. And no I hope they don't get raped, I actually care for their health and well being unlike you two.
As a Libertarian I feel it should be the mothers and the fathers choice on termination or taking it to full term.
It is not the place of government to dictate but to defend the right to choose.
But face it, government does a poor job of defending individual rights and tend to interfere more times than they help. The words once rang true, life, liberty and the pursuit of happiness to give way to the gluttony of the government to interfere in the lives of those that reside in the United States.
Let the individuals decide not the government.
You can't make this up.
https://www.foxnews.com/us/biden-oil-lease-gas-prices
The killing of babies should not be legal for any reason. They are human and deserve the right to live.
Reproductive rights must be codified. Forced birth is violece against women and is human rights abuse. Republiican support of laws that result in deaths such as anti masking laws over public health, pro gun sales laws over gun regulations, laws that oppose health care for all, and opposition to laws to protect the planet from climate change contradict their claim of "right to life" values.
Invest now in the new Republican clinics, RASCAL. Republican Abortion Solutions And Laboratories. Specializing in delivery of unwanted babies and hysterectomies. Also, performs the required 12 week pregnancy test of all women to make sure the government knows if your pregnant and can track you. The clinic will deliver and give your unwanted baby free of charge to a Catholic consortium to sell to Christian only couples. To avoid criminal action against you, a hysterectomy will guarantee you’ll never need an abortion and you can avoid the mandatory 12 week pregnancy testing requirement. On a limited basis, patients may also obtain assistance with suicide. The clinic can extract the fetus to keep it alive just before we assist in your death. Cremation services are available. Coming soon - Castration services for homosexual men. Making America Great!
Republicans are NOT pro life, because they disappear once the child is born. They do not want food, medical or day care for children. Pro life means supporting life. It is not one and done.
Women must have the right to choose their direction on how to manage their health and bodies. It is their right. It is not up to a bunch of white guys deciding on their behalf. You can't be against abortion and not do anything about gun control. Doing nothing on gun control is not pro-life.
Sincerely,
White Guy, Brian Finnerty
There are too many circumstances for which abortion is the best answer. Religious beliefs are not the fourth pillar of our government and should not be involved in limiting people's options
If abortion had been limited to the first trimester and allowed for special circumstances such as rape, incest and serious threat to mom (not just inconvenience), things would probably have continued as it. But the envelope was pushed where people wanted zero restrictions, abortion at any point in the pregnancy and even at the point of birth. Did you seriously not expect push back?!
The discussion is purposely muddled by insisting it is a woman's right to do what she wishes with her body. The right is lost when you now have another life inside you to consider. Does that life have no rights? It is very much a moral not just a religious question. We have cleverly used language to cover up or dismiss issues we don't want to see. Refering to a developing child as a fetus does not change the fact that it is a human life in the making that is being snuffed out. Historically, pregnant women were refered to as being "with child" not with fetus or with a cell mass. It is not a tumor or a growth it is a life. That is the real inconvenient truth that we insist is not true. So what is it? Do we believe in science or not? When you see an ultrasound, hear a heartbeat, feel movement, feel the developing baby hiccup in the womb, you really have to psych yourself out to insist it is not a human life being killed in abortion. And as far as a woman's right to her body and the feminists, do you not see abortion is a gift to men. Fuck them and leave them. No consequences, no responsibility. Is it not more powerful to insist that a pregnant woman and the life she carries be revered, someone to be protected and supported. I always though abortion was such a gift to irresponsible men clouded by making it into "a woman's right to her body". I could write a volumn, but you get my drift here.
People confuse me. The law confuses me. If someone murders a pregnant women there charged with a double murder. And I don't even remember hearing that if she was a certain many weeks pregnant then they would be charged. There immediately charged with a double murder. For 49 years people who were against abortion had to live with a rule that was passed by OLD WHITE SUPREME COURT JUSTICE MEN!!! Imagine that! Terrible old white men! And they must have been democrats so it was ok. They ruled in favor of abortion in the first trimester. Now days we scientifically KNOW that a baby is viable by the second trimester. For 49 years women would get abortions because of inconvenience to there life. Whether it be because they were too young, embarrassment (at least back in the day), they had to finish school, they wanted a career, they couldn't afford one or they just didn't want to be bothered. There's a ton of reasons. I never had a problem in the case of the health of the mother or rape. In fact when I was young I thought it was nobody else's business. But as I got older I changed and felt guilty. And now women, AND men have taken abortion to birth. "Too Birth!" This is not a seed we're talking about. This is a living person. But you can go to jail for double murder if you kill a pregnant women. "Someone explain this to me". Have you ever seen the documentary of people who survived an abortion? They have missing limbs and problems with ther organs. And they were so happy that someone had the compassion to adopt them in spite of there disabilities. Wouldn't it be more humane that if your gona wait till birth to have an abortion, you could wait a couple more minutes to give them up for adoption? It's clear that the left supports this for power, greed and votes. They don't care about women because if they can support something like this they don't care about life. But how can WOMEN be so flipped and unfeeling? So numb about literally killing a baby. Democrats have done there usual. Once again they have taken something too far. For 49 years conservative people had to live with abortion in the first trimester. We had to live with it because democrats had the votes. It was there turn. But it just wasn't enough. And now we have the votes and they want to impeach them, threaten them, protest in front of there homes. And I might add, in front of there nieghbors homes as well. But again democrats won't go by the law and clear them out or fine them or jail them if they don't go to a public place to protest, not a residence. And now we're to blame because we won't consent to killing full grown babies! Plus .... we don't agree with them! Now days your criticized and demonized when you disagree with democrats. Republicans have done it too. But it makes it hard to sit down and discuss issues when it's there way or no way.
Women MUST be allowed to make their own health decisions without government restrictions. The United States must not regress. You are pro birth, not pro life; you've all proven that.
It is going to be a very long, hot summer! I "marched" 5/14/22 with my walker for a woman's right to make decisions about if or when to give birth.
Pregnancy begins with the penis...regulate that, republicans.
And another story missed, Causes. Women Soccer players achieve equal pay while SCOTUS apparently wants to reverse other rights!
And to make sure you folks on the Right, believe my source ... from (OMG), foxbusiness.com,
https://www.foxbusiness.com/sports/us-mens-womens-soccer-equalized-compensation.amp
Benjamin Franklin publish a book 1748 on DYI abortion, it has been rooted in American history. In 1734 John tenement publish a book as well, so it is deeply rooted in America history.
The Supreme Court made, citizens United, corporations as people, now the Supreme Court just Made easier by streamlining the process of bridging the senate, by overturning bipartisan campaign reform act of 2002. It was specifically design to crack down on corruption, but it was overruled by the Supreme Court the are writing law not up holding the laws. What is at state is the constitution by the political hacks!
One of the great philospphers of our age: George Carlin on the topic of why a fetus isnt a baby:
https://youtube.com/shorts/yq0a1AIJpjw?feature=share
This issue is not only legal but for many a moral issue. It belongs to the various State Legislatures from whom Roe v. Wade took it away from. If there will ever be a finale it will come from the States.
Most people do not understand how twisted the Supreme Court's logic had become in justifying the Roe v. Wade decision. If it is overturned, then the statas quo before the Roe decision will be enforced, which left defining if, when and how Abortion could be to the States.
Keep the Feds out of this they have done enough harm already to our Society.
Sorry but all you rocket scientist it says nothing in the constitution about a right to a abortion. Return it to states rights as it belongs.
This is a horrifying precedent that really shows the country is on a downward trajectory regarding civil rights. I am absolutely livid that any government should be allowed to dictate what is going on with my personal health. If it were a male who was facing this same discrimination, you can bet your bottom dollar this would be a non-issue.
I would like to thank my lawmakers for trying to pass this legislation. Too bad we have one turncoat Democrat who ruins it for us all.
Stop murdering humans during late term abortions!
Women and girls die in childbirth too frequently. I was eight years old when my own mother became permanently disabled during the delivery of my younger sibling. As a School Counselor I had too many students who needed counseling after their mother died when their younger sibling was born. Uphold and codify Roe v. Wade
I'm asking my representatives to put forth legislation, and therefore put up for a vote, the right to have and use contraception.
I am furious! I marched in Washington DC to get this passed when I was in my late teens and on 5/14/22 I again marched to protest the politically tainted SCOTUS' probable decision to overturn Roe.
If Roe is overturned, it's going to be a long, HOT summer. The GOP thinks they're dealing with women from the 1950's mindset. Liberated women will not sit by while the GOP tries to make us 2nd class citizen.
Women will vote out every GOP bastard.