The bill sponsors readily admit there are not 60 votes in the Senate to pass the legislation, and Collins, Murkowski, and Sinema do not support overturning the filibuster. The Reproductive Freedom for All Act also affirms health care workers’ right to refuse to provide abortion for religious reasons - something currently allowed in over 40 states, and a key demand from its Republican co-sponsors. Outright bans are illegal under this undue burden framework, but restrictions that significantly curtail access to abortion have often been upheld. In addition to enshrining the right to contraception, the bill prohibits state rules that impose an “undue burden” on abortion before fetal viability, the same standard established by the Supreme Court in its 1992 Planned Parenthood v. The Reproductive Freedom for All Act, explained The interviews illuminated a simmering debate over whether it’s worth trying to return to the legal frameworks of Jthe day before Dobbs was decided - and deeper divisions over what baseline abortion rights the federal government should, or realistically can, guarantee. Vox spoke with top Democratic lawmakers, legislative aides and strategists, leaders of reproductive rights groups, and legal scholars to understand the choices and challenges ahead for federal abortion policy. “We wanted to put something on the table that would give back Americans exactly what they had, and lock in a statutory protection that women had relied on for 50 years. “It’s like a time machine bill,” Kaine said.
The Kaine-Collins bill, by contrast, is intentionally less ambitious. “And we owe these folks who are at risk of losing their lives because of things like ectopic pregnancies, we owe them the biggest, boldest solution possible.” “We have this really clear political opportunity to realize some big, big wins,” NARAL president Mini Timmaraju said. Energized by recent pro-abortion rights victories, they express confidence about sticking to their original plan: elect two more senators, maintain control of the House, and then overturn the filibuster to pass the Women’s Health Protection Act, which would not only restore the pre- Dobbs status quo but dismantle a slew of state restrictions on abortion. These groups, including Planned Parenthood, NARAL Pro-Choice America, the Center for Reproductive Rights, and a dozen others, think it’s unlikely that the Kaine-Collins bill could attract much Republican support beyond its two co-sponsors. House Speaker Nancy Pelosi in a press conference of Democratic lawmakers opposing restrictive abortion laws and supporting women’s health care, at the US Capitol on July 28. Even as Democrats say they want to codify Roe, national reproductive rights groups and their allies in Congress see a political window to move beyond Roe’s weak framework and more meaningfully protect abortion access. Their reaction underscores a key debate over Democrats’ legislative strategy in post- Roe America. The measure does much less to protect abortion rights than the Women’s Health Protection Act, abortion rights groups’ favored bill, which passed the House but has failed twice in the Senate. It has sparked outrage among the leaders of abortion rights groups: They argue it would not actually codify key Supreme Court decisions and could even be a step backward from what Americans had before Dobbs. Susan Collins and Lisa Murkowski and Democratic Sens. The bill, known as the Reproductive Freedom for All Act, is a bipartisan effort, sponsored by Republican Sens. Jackson decision leaked in May, President Joe Biden stressed the need for “legislation that codifies Roe, which I will work to pass and sign into law.”Ī bill introduced earlier this month aims to do exactly that, writing into law the holdings of Supreme Court decisions that guaranteed the right to contraception and to abortion before fetal viability, usually in the 22nd to 24th week of pregnancy.īut translating abortion-related court decisions into legislative language that everyone can agree on has turned out to be more difficult and controversial than lawmakers have publicly acknowledged. Wade codification on the floor of the House to make sure that women everywhere have access to the reproductive health that they need,” House Speaker Nancy Pelosi pledged last September. “When we go back to Washington, we will be putting Roe v. Amid threats over the last year that the Supreme Court might abolish the right to an abortion, Democrats and advocacy groups have used an imperfect but popular phrase as a synonym for protecting reproductive freedom: “codify Roe.”
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