Senate Republicans on Wednesday blocked consideration of a bill that would make access to contraception nationwide legal, a bill introduced by Democrats to highlight an issue that has put Republicans at odds with a majority of voters.
All but two of the Republicans in attendance, Sens. Lisa Murkowski of Alaska and Susan Collins of Maine, voted against moving the bill forward. Democrats, who unanimously supported the bill, fell nine votes short of the 60 needed to advance the measure, which would protect reproductive health options that many voters worry are at risk of being stripped of.
“This should be an easy vote,” Sen. Patty Murray, D-Wash., said on the Senate floor ahead of the vote. “It should be very minimal.”
But Murray said it has become a reality as Republican lawmakers try to push through anti-abortion bills that could limit access to contraception such as Plan B and IUDs.
“It’s not a partisan thing to say that the future of contraception in the United States is in grave jeopardy,” said Sen. Brian Schatz, D-Hawaii, noting that former President Donald J. Trump had recently said he was considering supporting restrictions on contraception. (Trump quickly backed down, posting on social media that he would “never support imposing restrictions on contraception.”)
Democrats have been pushing hard for two years to make contraception a legal right since the Supreme Court overturned Roe v. Wade, with Justice Clarence Thomas writing in favor that the Court should “reconsider” other cases beyond Roe, including cases protecting same-sex marriage and contraception rights.
Congress managed to pass a landmark bipartisan bill to require federal recognition of same-sex marriage, but contraception is too closely tied to the abortion issue and has repeatedly proven unable to garner sufficient Republican support.
Ahead of Wednesday’s vote, Republicans dismissed the bill as a political ploy and cited a variety of reasons for opposing it while insisting they fully support access to contraception.
Sen. John Cornyn, R-Texas, complained that there was no “legitimate effort” to take away access to contraception and therefore no need for legislation to protect it, and that the bill would “force health care providers to offer abortion pills.”
Sen. Joni Ernst, R-Iowa, said the bill doesn’t include conscience protections for people who object to birth control for moral or religious reasons, and she introduced a Republican-backed alternative bill that would include them while expanding access to contraception.
Democrats argue the bill would have no practical effect other than misleading voters about Republicans’ positions on women’s health.
“Let’s be clear about what’s going on here,” Ernst said. “From the Senate to the White House, Democrats have no electoral appeal and no policies that resonate with the American people, so they’re stoking fear in the name of politics.”
Sen. Thom Tillis, R-North Carolina, launched a procedural argument, complaining that Majority Leader Chuck Schumer, D-New York, had rushed the bill to the full Senate without following normal legislative procedures and seeking a deal with Republicans.
“If you’re the majority leader and you’re serious about getting results, you don’t give four days’ notice that you’re going to have a floor vote,” Tillis said. “You bring people together and you try to get a bipartisan result. The way he does it is not the way you do it.”
Schumer called Republican arguments against the bill, which would prohibit local, state and federal governments from restricting access to contraception, “baseless and predictable.”
“This bill fully protects religious freedom,” he said. “There’s nothing in it that forces people to use contraception if it goes against their beliefs.”
Schumer added: “There is nothing in this bill about abortion, absolutely nothing. To suggest that this bill would expand abortion is simply vile fear-mongering.”
The final vote was 51 to 39, after Schumer switched to a no vote so he could bring the bill up again in the future. They are also scheduled to take a test vote next week on a bill to protect access to in vitro fertilization treatments that Democrats say are at risk following an Alabama court ruling that found frozen embryos are children.
Many Republicans support a bill that would declare that life begins at conception, which could severely restrict aspects of IVF treatment, which typically involves creating multiple embryos and implanting only one of them.
President Biden harshly criticized the Republican vote.
“This is the second time since the Supreme Court’s extreme decision to overturn Roe v. Wade that Republican lawmakers have refused to protect this fundamental right for women in their states,” he said in a statement.
Senate Democrats have struggled to maintain their slim majority this year and spent hours Wednesday afternoon debating support for birth control and women’s rights, issues they view as top priorities ahead of the November election.
A recent national poll by Americans for Birth Control found that about 80% of voters said protecting access to contraception is “very important” to them. Even among Republicans, 72% said they have a favorable view of contraception.
Republican lawmakers said Wednesday they knew the bill was an attempt to force an unpopular vote, but most voted for it anyway — a sign of strength for abortion opponents who have threatened to downgrade lawmakers who support what they call a “payments to Planned Parenthood bill.”
In doing so, Republicans provided Democrats with the talking points they wanted, allowing them to portray their GOP colleagues as far-right extremists who want to take away basic reproductive rights.
Murkowski, who voted in favor of passing the bill, took a different tack.
“This is a bill that sends a message,” she said. “If this is a bill that sends a message, then my message is: I support birth control.”
