Senate Democrats put GOP on defense with push for emergency abortion access

Senate Republicans objected to a resolution on Tuesday meant to protect access to emergency abortions as Democrats attempt to draw a contrast on a topic that could galvanize voters in November. 

Sen. Patty Murray (D-WA), the president pro tempore of the Senate, sought unanimous consent to pass a resolution that she and a group of Democrats introduced last week stating that every person has a right to emergency medical care, including emergency abortions. 

The maneuver, which requires agreement from all 100 senators to take up and pass legislation, was bound to fail in the face of GOP opposition. Republicans, by and large, have adopted former President Donald Trump’s position that the issue should be left to the states.

In an emotional plea on the Senate floor, Murray said that Republicans were putting doctors in a difficult position and womens’ lives at risk with a wave of state-level abortion restrictions following the overturning of Roe v. Wade.

“The Senate needs to speak with one voice and tell the American people, yes, we want to make sure your doctor can save your life, your doctor can save your life,” she said. “Before my Republican colleagues get up to object, let me be clear, you will not get by, by pretending a resolution like this isn’t necessary, not when we are hearing now first-hand from doctors racked with guilt for decisions that Republican politicians made for them.”

“Not when they are hearing first-hand from women who have bled, suffered, and nearly died because their care was delayed,” she added.

Sen. James Lankford (R-OK) objected to the resolution, stating he believes that it isn’t needed since “no state prohibits life-saving care for the mother.” The Oklahoma senator argued that it is the “political rhetoric” that’s affecting the decisions of doctors.

“I object to this resolution based on the wording and what we’re doing, but yes, we should continue to be able to have this conversation, because there is a real concern that more and more doctors are afraid to do basic healthcare in an ER because more and more people are laying rhetoric out there that they’re going to be arrested, and that’s not true,” Lankford said in a speech on the Senate floor.

“There’s not been a single physician in the country that has been arrested based on actually performing life-saving care for a mom in any ER room in the country,” he added.

Additionally, Sen. Tammy Baldwin (D-WI), who is up for reelection in November, was unsuccessful in attempting to pass a bill by unanimous consent that would help cover travel costs for those seeking abortions out of state.

“Twenty-two states across the country have abortion bans, and that means 1 in 3 women of reproductive age live in a state where they cannot get the healthcare they need because politicians are telling them that they know better,” Baldwin said on the floor. “Women are spending hundreds if not thousands of dollars to pay for travel, lodging, meals, and childcare just to make their own healthcare decisions.” 

Sen. Tommy Tuberville (R-AL) objected to the bill, arguing that it violates the Hyde Amendment, which bans the use of any federal funds for abortions. The Alabama senator placed a blockade on hundreds of military promotions last year in protest of the Pentagon’s decision to reimburse the travel expenses incurred when a service member or dependent travels out of state for an abortion.

“Let’s be clear, this taxpayer money is being used for one purpose, to take the lives of unborn children,” Tuberville said. “While the actual abortion procedures aren’t covered by this bill, it covers every other cost associated with ensuring abortions happen.”

The moves by Democrats come on the heels of an investigation from ProPublica on the death of a 28-year-old pregnant woman in Georgia attributed to delayed abortion care. Democrats, led by Vice President Kamala Harris, their presidential nominee, say the infection that led to her death can be traced back to “Trump abortion bans.”

The Supreme Court this summer dismissed a case about whether an Idaho abortion law can coexist with the federal Emergency Medical Treatment and Active Labor Act, which requires hospitals to provide stabilizing care for those with an emergency medical condition. The decision temporarily allows emergency abortions to continue in the state.

In a press conference with reporters on Tuesday afternoon, Murray defended introducing her effort as a resolution instead of a bill that would change the language of EMTALA. 

“In the time frame we have, knowing that women are now dying because they cannot get the care that they need in an emergency room, we want to make it clear that Congress’s intent is that women can get life-saving care when they go to an emergency room anywhere in this country,” Murray said. 

Senate Majority Leader Chuck Schumer (D-NY) has utilized his control of the Senate floor to push a number of “show votes” over the last few months to bring abortion access, the border, and gun control to the spotlight ahead of the election. 

“I hope my Republican colleagues support the legislation today. To say no would be a true, heartless message to send to the American people,” Schumer said to reporters on Tuesday.

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The most recent push comes as the Senate Finance Committee also held a hearing on Tuesday titled “Chaos and Control: How Trump Criminalized Women’s Health Care,” drawing criticism from committee Republicans.

Sen. Steve Daines (R-MT) slammed the hearing, stating that “Democrats are trying to find opportunities to score points on the only issue they think they stand a chance to win on in this upcoming election with no regard for the truth.”

Republicans have generally attempted to counteract the messaging by painting Democrats as extreme over resistance to late-term abortion bans.

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Murray pushed back against Republicans who slammed the effort as a partisan messaging effort in a highly competitive election year.

“What can be better right now than making sure if a woman has sepsis or if she is hemorrhaging or if she is on death’s door, what are they even saying, that we shouldn’t be talking about this?” Murray questioned. “We are just going to let women die? We are not going to do that.”

Gabrielle M. Etzel contributed to this report.

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