SENATE GOP: WE SUPPORT IVF – BUT NOT FEDERAL PROTECTIONS FOR IT Senate conservatives are signaling they’ll block Wednesday’s planned Democratic bid to enshrine protections for in-vitro fertilization into federal law – and they’re calling IVF a states-rights issue. Sen. Tammy Duckworth (D-Ill.) is planning to seek unanimous consent to pass her proposal to federally protect IVF, which means any one senator can easily block its passage. This isn’t the first time she’s brought up her bill — Sen. Cindy Hyde-Smith (R-Miss.) objected when Duckworth tried to pass it unanimously in 2022. But Duckworth’s bill is surging back to the forefront as Republicans face uncomfortable questions about an Alabama Supreme Court ruling restricting IVF. Hyde-Smith’s office did not respond when asked if she would object again to Duckworth’s bill, and the GOP senator ignored Capitol hallway questions from reporters, as is her usual practice. Other Republicans are already expressing reservations about the bill, though – meaning its chances at slipping through the chamber are slim, at best. “I don't see any need to regulate it at the federal level,” said Sen. Roger Marshall (R-Kan.), an OB-GYN by trade, who would not say whether he’d block the bill. “I think the Dobbs decision puts this issue back at the state level, and I would encourage your state legislations to protect in-vitro fertilization.” “It's idiotic for us to take the bait,” said Sen. J.D. Vance (R-Ohio), who clarified he was referring not to Duckworth’s bill on its face but to Democrats’ attempts to use the proposal as an IVF messaging tool. Vance said he’s not yet reviewed the actual bill. Regardless, Republicans’ hesitation over the IVF protection bill highlights their election-year jam: Democrats will continue trying to tie them to the Alabama ruling, which has shut down IVF facilities in the state. And GOP statements supporting IVF — as the Senate Republican campaign arm and several candidates put out last week — might fall flat with voters if Democrats can point to specific instances when their opponents failed to protect the procedure. Exhibit A: Speaker Mike Johnson, who recently issued a statement supporting IVF but has previously supported legislation that could restrict access to the fertility tech. Plus, some GOP lawmakers will have a hard time insisting that states should enforce IVF protections, given their previous pushes for a federal abortion ban. That includes Sen. Lindsey Graham (R-S.C.), who spoke to reporters in defense of IVF on Wednesday, quipping that “nobody's ever been born in the freezer.” Graham has not yet said whether he’ll object to the Duckworth bill. “The Dobbs decision said that abortion is not part of the Constitution, and they said we're sending the issue back to the states, and I think that's where it belongs,” said Sen. John Kennedy (R-La.). “I believe that the people of Alabama – either themselves or through their legislature – will get something worked out that they're comfortable with, but I do support fertility technology,” Kennedy added. Some exceptions: Of course, not all Republican senators believe IVF protection is a matter for the states. It’s no surprise, but Maine Sen. Susan Collins — one of the few Republicans who supports abortion access — supported the idea of federally protecting IVF. “My hope is that either Alabama's going to fix this very promptly or we pass federal legislation,” Collins said, adding she’s “completely open” to federal protections. It’s not yet clear if Senate Democratic leadership will schedule the IVF bill for a floor vote if the unanimous passage attempt fails on Wednesday. Senate Majority Whip Dick Durbin (D-Ill.) on Tuesday told Inside Congress he wants Duckworth to have “every opportunity” to ensure her bill becomes law. — Ursula Perano and Daniella Diaz
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