Senate Democrats on Wednesday shot down a Republican-led bill from Sens. Ted Cruz (R-TX) and Katie Britt (R-AL) to protect access to in vitro fertilization.
Cruz sought unanimous consent to approve the measure in a bid to blunt Democratic-led legislation on the medical procedure that Senate Majority Leader Chuck Schumer (D-NY) will hold a recorded vote for on Thursday.
Democrats’ proposal, which will require 60 votes to overcome a GOP filibuster, is also expected to fail.
“We’re the ones that want to protect IVF,” Cruz said on the Senate floor. “Understand we could have passed strong federal legislation today, but Senate Democrats don’t want a protection of IVF. They want a campaign issue.”
The GOP bill, dubbed the IVF Protection Act, is far more narrowly tailored than that of Democrats over religious liberty concerns. It would strip states of Medicaid funding if they prohibit IVF, a move that gives states broad discretion and does not bar them from passing restrictions on the fertility procedure.
The Democratic bill would enshrine a right to IVF into federal law but would not force providers to offer services over religious concerns. It would also shield providers from legal liability, safeguard access for service members and veterans, and require health insurance for federal employees to help pay for the procedure, which can cost up to tens of thousands of dollars.
Senate Appropriations Committee Chairwoman Patty Murray (D-WA), a co-author of the Democrats’ IVF bill, blocked Cruz’s bid to pass his bill.
“This Republican bill really is a PR tool, plain and simple,” Murray said. “It’s just another way for Republicans to pretend they are not the extremists that they keep proving they are.”
Democrats’ focus on IVF comes amid the second anniversary of the overturning of Roe v. Wade and in the wake of the Alabama Supreme Court’s February ruling that frozen embryos should be considered children. The decision forced state lawmakers to pass temporary legal protections for IVF providers.
But the move also comes amid a concerted effort by Senate Democrats to prioritize an election-year agenda on hot-button issues, including reproductive health and immigration, that they feel will hurt Republican chances with voters at the ballot box.
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Democrats also argued the wording of the Republican proposal may actually entice states opposed to Medicaid funding to pass laws restricting IVF.
“The states most likely to ban IVF are the same states that refuse to expand Medicaid,” said Sen. Tammy Duckworth (D-IL), another co-author of the Democratic bill. “It’s a backdoor way to allow states to actually end Medicaid in the states.”
