Senate Deadlock: Controversial IVF Protection Act Faces Another Blockade

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The Senate witnessed heightened tensions on Tuesday as Democrats once again blocked Republican Senators Ted Cruz and Katie Britt’s attempt to pass the IVF Protection Act via unanimous consent.

At a Glance

Senate Republicans blocked the Right to IVF Act, which aimed to protect access to IVF and make treatments more affordable.
The legislation required 60 votes to advance but fell short with a 51 to 44 vote.
Only two Republicans, Sens. Susan Collins and Lisa Murkowski, voted with Democrats.
The bill was first blocked three months ago, with Republicans arguing it was too broad.
Vice President Kamala Harris criticized Republicans for not protecting access to fertility treatments.

Senate Clash Over IVF Protection Act

The Senate experienced heightened tensions as Democrats once again blocked Republican efforts to pass the IVF Protection Act. Senators Ted Cruz and Katie Britt sought unanimous consent for the Act, which was previously obstructed in June. The blocked measure aimed to protect access and affordability of in vitro fertilization (IVF).

Senator Patty Murray argued that the GOP’s version of the Act falls short in safeguarding IVF, particularly concerning fetal personhood and state control. Murray raised concerns that the bill might allow states to impose IVF bans while still receiving Medicaid funds. The competing pieces of legislation aim to federalize IVF access, but they differ significantly in the extent of the protective measures proposed.

Republicans BLOCKED vital legislation to protect access to IVF—for a second time.

You need to watch @SenBrianSchatz pic.twitter.com/1X7g6HmfwL

— Senate Democrats (@SenateDems) September 18, 2024

Vote Breakdown and Reactions

The legislation required 60 votes to advance but fell short with a 51 to 44 vote. Notably, only two Republicans, Senators Susan Collins and Lisa Murkowski, joined the Democrats in support of the bill. This vote mirrors the scenario from three months ago when Republicans criticized the Democratic proposal as being too broad.

Republicans have maintained their stance, as articulated by Senate Republican Whip John Thune, who stated, “Republicans support IVF, full stop.” He accused Democrats of attempting to create a political issue. Senator Mitt Romney echoed this sentiment, labeling the bill as a “messaging opportunity” and stating it contains unspecified “poison pills” that Republicans find unacceptable.

“Republicans support IVF, full stop,” Thune told reporters at a news conference Tuesday afternoon. “This is not an attempt to make law. This is not an attempt to get an outcome or to legislate. This is simply an attempt by Democrats to try and create a political issue where there isn’t one.”

Concerns and Criticisms

Democrats held the vote to draw attention to the issue, especially after former President Donald Trump’s statements supporting IVF. Vice President Kamala Harris criticized Republicans for not protecting access to fertility treatments. The Alabama Supreme Court’s ruling that embryos are children under state law has heightened concerns regarding IVF access.

“Here’s what we’re asking our Republican friends: Do you support American families’ access to in vitro fertilization or not?” Schumer said ahead of the vote. “For many Americans, starting a family is one of the greatest joys there is, yet millions of Americans struggle with the defeating battle of infertility every single year. Sadly, as we’ve learned this year, access to IVF can no longer be taken for granted.”

Competing Legislation and Future Outlook

Republicans proposed an alternative bill, which Democrats rejected. GOP Senators Katie Britt and Ted Cruz argued their proposal was more balanced but failed to address the legal liability for IVF providers or patients. The Democratic-led bill, introduced by Senator Tammy Duckworth of Illinois with 48 co-sponsors, aimed to establish a statutory right to IVF, improve military access, and mandate fertility treatments in the Federal Employees Health Benefits Program.

“This morning, I got to pack their lunch boxes, and it sounds mundane … but when I spend just a second thinking about it, even that kind of everyday moment with my girls isn’t really mundane at all: It’s a miracle. Because after 10 years of struggling with infertility, after being wounded in combat, I was only able to have my girls through the miracle of IVF,” said Duckworth, a military veteran.

Despite the repeated blockages, the IVF debate is far from over. Republicans argue that the Democratic bill goes too far, while Democrats link IVF access to broader reproductive rights. Recent polling indicates a significant portion of Americans do not believe a fetus should have the same legal rights as a person and support government protection of IVF access. The legislative battle continues amid a significant legal and ethical landscape shift.