by Anirudh Subramanian
The Alabama Supreme Court, where the monumental IVF decision was made, is pictured above.
Earlier this summer, Democrats in the U.S. Congress called for the codification of reproductive rights regarding birth control and in vitro fertilization (IVF)1. Following the United States Supreme Court’s decision to overturn Roe v. Wade, thereby eliminating the constitutional right to an abortion, both major political parties have seized the issue of reproductive rights as a legislative priority and campaign issue during a contentious election year. Senate Democrats introduced two key bills in June with the hopes of highlighting where the G.O.P. stood on access to reproductive rights.
The Parties’ Positions
S.B. 4381, the Right to Contraception Act, and S.B. 4445, the Right to IVF Act, were blocked by Senate Republicans by a vote of 51-39 and 48-47, respectively. Notably, Republican Sens. Susan Collins of Maine and Lisa Murkowsi of Alaska voted to pass both bills, breaking with their party’s stance; both senators have been outspoken about their support for abortion in the past.
After each of the votes, with nearly a week between them, Democratic congressional leadership condemned Republicans for their standpoint. Democrats purport that this highlights an anti-reproductive rights sentiment among the Republican Party that extends beyond abortion; The Guardian reports that Democratic Sen. Patty Murray of Washington state said that “Senate Republicans just went on the record saying they do NOT support access to contraception.” Many warn that, just like abortion, birth control and other contraception, along with a plethora of reproductive care, will be on the chopping block if Republicans were to win the White House and a congressional majority on Election Day.
G.O.P. Senators rebuked the idea of limiting access to reproductive care, arguing that “Senate Democrats are using their power in the majority to push an alarmist and false narrative that there was a problem accessing contraception,” as Republican Sen. Bill Cassidy of Louisiana put it. Republicans stated that judicial rulings regarding contraceptive access have not and will not be overturned, leaving constitutional protections in place. Democrats remain unconvinced, and that fear is not without basis.
Caption: The photo above contains the pill mifepristone, commonly used in abortion procedure in the first trimester.
Ongoing Challenges to Reproductive Medicine
Contrary to the public Republican mantra, fundamental reproductive rights have indeed been challenged. While there hasn’t been significant action surrounding birth control or IVF at the federal level, state-level legislatures and courts have been active in undermining reproductive rights. Alabama’s state Supreme Court deemed that frozen embryos in clinics were “extrauterine children” and that medical professionals could be prosecuted for harming a minor if the embryo were to lose viability. Although the Alabama state legislature took action to protect IVF after the ruling, some IVF clinics remained closed, fearing that the law’s scope did not sufficiently protect medical professionals from the threat of prosecution.
The Alabama case is just one of many legal attacks to reproductive rights that have emerged in the post-Dobbs2 landscape. The case, Alliance for Hippocratic Medicine v. Food and Drug Administration (FDA), involved doctors attempting to limit the FDA’s authority to issue mifepristone. The Court determined that because the doctors were not directly harmed by the medication, they lacked standing to sue, and therefore did not rule on the case. Though the case was dismissed by the Court, it did not protect the right to medication abortion from future reevaluation.
According to the Guttmacher Institute, eight states have enacted restrictions on contraceptive access, particularly for minors. Many more have created personhood laws, which define life at conception and prevent attempts to stop a pregnancy after conception. These personhood laws have the effect of creating confusion over the legality of contraception and its role in preventing fertilization of the egg, largely due to the gray area it creates and the language used in these bills. The lack of federal legislation protecting reproductive rights enables efforts curtailing women’s rights, all of which extend beyond terminating a pregnancy.
Advocating for Your Rights
Public sentiment largely drives policy positions made by our elected officials, especially in an election year. Consider calling your congressman or senator’s office, and urge federal policy changes. Better yet, organize your community into a shared movement; there truly is strength in numbers. Additionally, it is important to remember that legislation isn’t the only way that our rights can be stripped: now more than ever, the judiciary has immense power. Many people don’t know that while federal judges are appointed, state-level courts, including your state supreme court judges, are directly elected by the people. Once again, the power rests in your ballot come November. There are also organizations that advocate for the protection of our rights and freedoms in the courtroom, like the American Civil Liberties Union. Passionate citizens can make a donation that helps fund legal action.
Attacks on reproductive care don’t stop at abortion – they extend to core medical autonomy that every person should have access to. Legislative action, judicial decisions, and community advocacy are all crucial in ensuring the protection and advancement of reproductive rights.
Caption: The photo above demonstrates the process of in vitro fertilization, and the creation of the embryo before it is implanted in the uterus.
1 IVF is the process by which fertilized embryos are implanted in the uterus to help women who are struggling with infertility conceive.
2 Dobbs v. Jackson Women’s Health Organization is the U.S. Supreme Court case that resulted in the elimination of the constitutional right to abortion and led the Court to overturn long-standing precedents, including Roe v. Wade.
Barrett, Ted, and Claire Foran. “Senate GOP blocks bill to guarantee access to IVF nationwide.” CNN, 13 June 2024, https://www.cnn.com/2024/06/13/politics/senate-ivf-bill-vote/index.html#:~:text=Senate%20Republicans%20voted%20Thursday%20to,needed%2060%20votes%20to%20advance.
“Food and Drug Administration v. Alliance for Hippocratic Medicine.” Oyez, www.oyez.org/cases/2023/23-235.
Forouzan, Kimya. “Midyear 2024 State Policy Trends: Many US States Attack Reproductive Health Care, as Other States Fight Back.” Guttmacher Institute, June 2024, https://www.guttmacher.org/2024/06/midyear-2024-state-policy-trends-many-us-states-attack-reproductive-health-care-other.
Messerly, Megan. “‘Scratching their heads’: State lawmakers take a closer look at personhood laws in wake of Alabama ruling.” POLITICO, 29 February 2024, https://www.politico.com/news/2024/02/29/states-fetus-personhood-alabama-ivf-00143973#:~:text=Nineteen%20states%20have%20either%20broad,left%2Dleaning%20organization%20Pregnancy%20Justice.
Sherman, Carter. “Senate Republicans block bill to recognize legal right to contraception.” The Guardian, 05 June 2024, https://www.theguardian.com/us-news/article/2024/jun/05/legal-right-contraception-senate-vote.
Talukder, Sabrina. “How the Alabama IVF Ruling Is Connected to Upcoming Supreme Court Cases on Abortion.” Center for American Progress, 11 March 2024, https://www.americanprogress.org/article/how-the-alabama-ivf-ruling-is-connected-to-upcoming-supreme-court-cases-on-abortion/.
Weixel, Nathaniel. “Senate Republicans block consideration of bill to create a ‘right to contraception’.” The Hill, 05 June 2024, https://thehill.com/homenews/senate/4706038-senate-republicans-block-contraception-bill/.
From the Associated Press.
Chandler, Kim. “Warnings of the impact of fertility treatments in Alabama rush in after frozen embryo ruling.” AP News, 21 February 2024, https://apnews.com/article/alabama-supreme-court-from-embryos-161390f0758b04a7638e2ddea20df7ca.
From The Guardian.
Sherman, Carter. “Senate Republicans block bill to recognize legal right to contraception.” The Guardian, 05 June 2024, https://www.theguardian.com/us-news/article/2024/jun/05/legal-right-contraception-senate-vote.
From Fertility Family.
Sullivan, Terry. “How to Prepare Your Body for IVF.” Fertility Family, 11 April 2024, https://www.fertilityfamily.co.uk/blog/ivf/how-to-prepare-your-body-for-ivf/.