Senate Republicans say Alabama’s recently enacted law protecting in vitro fertilization (IVF) providers from civil and criminal liability is evidence of the state’s ability to self-correct, and a Democratic-led federal effort to protect infertility treatments. He pointed out that this is why the law is not necessary.
“Basically every state that I know of supports IVF,” said Sen. Bill Cassidy (R-Louisiana), a physician.
Other Republican senators who spoke to Fox News Digital agreed.
After the Alabama Supreme Court controversially ruled that frozen embryos are legally children, the state’s legislature took immediate action to protect in vitro fertilization. Some IVF clinics closed their operations after the court’s decision, but some began reopening after states passed laws exempting clinics from liability.
Rep. Matt Rosendale says he won’t run for re-election, “This has put a significant burden on me.”
Sens. Bill Cassidy (R-L., R-L.), Tommy Tuberville (R-Ala.) and John Cornyn (R-Ala.) speak during a press conference on student loans at the U.S. Capitol on June 14, 2023. Texas). (Getty Images)
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Cassidy cited Alabama’s swift legislative work in explaining federal legislation regarding in vitro fertilization.
“Once the federal government gets involved, it opens the door to far more mischief than we originally hoped for,” he said.
Sen. Marco Rubio, R-Florida, added, “The issues that sparked this debate are happening in Alabama, and Alabama addressed them with a bill.”
Sen. Marco Rubio (R-Florida) at the Dirksen Senate Office Building, March 22, 2023. (Bill Clark/CQ-Roll Call, Inc, via Getty Images)
Rubio said there needs to be a broader discussion about “what is right, appropriate, legal, and protected when it comes to disposing of surplus, unused human embryos.”
“It’s legal in all 50 states,” said Sen. Rick Scott (R-Fla.), who introduced a resolution this week affirming support for IVF.
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Scott’s resolution expresses support for IVF and families looking to expand, but it does not carry the weight of the bill or change the law.
Sen. Rick Scott (R-Fla.) heads to a luncheon with Senate Republicans at the U.S. Capitol on June 1, 2023 in Washington, DC. (Anna Moneymaker/Getty Images)
Sen. Tammy Duckworth of Illinois, the sponsor of the bill that would enact protections for in vitro fertilization, slammed the resolution.
“They’re covering up their problems,” Duckworth said of his Republican colleagues. “That’s what they’re trying to do. The resolution does nothing.”
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Duckworth tried to force a vote on the IVF bill last week, seeking unanimous consent to move it to the floor. But Sen. Cindy Hyde-Smith (R-Miss.) opposed it.
Duckworth said Republicans have also not approached her about negotiating a bipartisan bill.
Sen. Tammy Duckworth (D-Ill.) speaks about a bill that would establish federal protections for in vitro fertilization and Sen. Patty Murray (D-Washington) listens during a press conference at the Capitol on February 27, 2024 in Washington. )(right). (Getty Images)
It’s also unclear whether Democrats are willing to make concessions to work with their Republican colleagues to advance the bill.
“The Duckworth bill is the perfect bill,” said Sen. Tim Kaine, D-Virginia. “Her bill just means that individuals have a right to access IVF and health care providers have the right to provide IVF. It’s not a requirement. It protects patients, it protects health care providers. Just do it.”
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It is noteworthy that Mr. Scott did not rule out the possibility of enacting legislation to protect this procedure in the future.
“I think we’re going to do everything we can to make sure it remains legal,” he said.
Other Republicans similarly left the door open.
Sen. Tim Kaine (D-Va.) listens during a Senate Health, Education, Labor and Pensions Committee hearing at the Capitol on January 11, 2022 in Washington, DC. (Greg Nash Pool/Getty Images)
Federal legislation protecting infertility treatments “certainly can be debated, but right now it’s protected in every state,” said Sen. Ted Cruz, R-Texas.
“If that were to become an issue, we would consider it,” Sen. Mitt Romney (R-Utah) added. “But there is no state in this country that does not protect IVF.”
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Romney said there was no need for “federal action at this stage.”
“If there is a need for federal action, I would definitely support it,” agreed Sen. Markwayne Mullin (R-Okla.).
Sen. Mitt Romney (R-Utah) speaks to the press at the Capitol on June 1, 2023 in Washington, DC. (Ting Sheng/Bloomberg via Getty Images)
“I think Alabama’s response was good.”
Many Democratic senators were critical of their Republican colleagues’ claims that federal protections are not needed right now.
“I think that’s wrong,” Sen. Tina Smith, D-Calif., argued. “Of course we need to protect people’s ability to access IVF.”
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Massachusetts Democratic Sen. Elizabeth Warren is renewing her call for a national COVID-19 remembrance day. (Al Drago/Bloomberg via Getty Images)
Sen. Elizabeth Warren of Massachusetts expressed skepticism about Alabama’s new law, saying legal scholars believe the bill “raises as many questions as it answers.” ” he said.
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“Without Roe v. Wade’s protections, states could do what the Alabama court did and effectively end IVF in their states,” she warned.
Warren said if Republican lawmakers were “really committed to protecting IVF,” they would support federal protections. “But for now, that’s not the case.”
