Senate Republicans on Wednesday blocked Democrats from advancing a bill to express support for codifying the federal right to abortion previously afforded under Roe v. Wade.
The test vote failed 49-44, with all but two Republicans voting in opposition. It needed 60 votes to survive.
Democrats are seeking to restore the federal right to abortion after the Supreme Court two years ago overturned Roe with a new decision in Dobbs v. Jackson Women’s Health Organization that said the Constitution does not provide a right to abortion and left it up to the states to decide what abortion rights or restrictions to enact.
However, the bill they brought to the floor on Wednesday was a nonbinding measure that simply expressed the “sense of Congress” that the protections previously enshrined in Roe “should be restored and built upon, moving towards a future where there is reproductive freedom for all.”
Republican Sens. Susan M. Collins of Maine and Lisa Murkowski of Alaska, who have a history of supporting abortion rights, voted to advance the bill.
Most Republicans agree with the Dobbs decision that abortion law should be left to the states, although some still prefer to go further with a national abortion ban.
Former President Donald Trump, the presumptive Republican nominee, has said he would not pursue a national ban and would leave it up to the states to decide.
Following Mr. Trump’s lead, the Republican National Committee this week adopted a 2024 platform that omitted language from previous years endorsing a 20-week abortion ban and a human life amendment to the Constitution. The decision has prompted frustration from Republicans across the party, including former Vice President Mike Pence.
Democrats aren’t buying the GOP’s attempt to soften its anti-abortion stance and insist that Republicans will go further if elected.
“We all know Donald Trump ended Roe v. Wade. We all know Republicans championed that for decades,” said Sen. Patty Murray, Washington Democrat and lead sponsor of the bill. “And we know that Trump will absolutely ban abortion nationwide.”
Republicans dismissed Wednesday’s vote as just another “show vote” from Democrats looking to score election-year messaging points.
The bill expressing support for Roe, as well as a previous measure the Senate blocked this summer to codify access to contraception and reproductive health care treatments like in vitro fertilization, have “no possibility of ever becoming law,” said Senate Republican Whip John Thune of South Dakota.
“These are simply opportunities for the Democrats to provide some political cover for some of their incumbents who are in political trouble this year,” he said.
The debate over abortion rights has already featured heavily in the presidential contest and down-ballot races. President Biden has vowed to restore Roe if elected. His administration’s statement of support for the Senate bill backing that objective cited the “devastating” consequences of Roe being overturned.
“Today, more than 20 states have dangerous and extreme abortion bans in effect, some without exceptions for rape or incest,” the Biden administration said. “Women are being denied essential medical care, including during an emergency, or forced to travel thousands of miles out of state for care that would have been available if Roe were still the law of the land.”
As Wednesday’s vote showed, Mr. Biden will need more Democrats to be elected to the Senate to achieve his objective. Senate Democrats will play that up in their campaigns.
“Today’s vote will not be the end of the struggle to secure reproductive freedoms, but it is an important step forward,” Senate Majority Leader Charles E. Schumer of New York said in floor remarks ahead of the vote. “Americans want to see where their senators stand.”
• Lindsey McPherson can be reached at lmcpherson@washingtontimes.com.
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