Senate Republicans have blocked a Democratic bill aimed at establishing a nationwide right to in vitro fertilization (IVF) treatments. This was the second unsuccessful attempt by Senate Democrats to advance the measure.
Reproductive freedom remains a key issue in several Senate races that will determine control of the chamber following the November elections. Democrats leveraged the vote to highlight a public contrast with Republicans on an issue that has energized voters nationally.
The procedural vote, which required 60 votes to proceed, failed with a 51-44 tally.
Prior to the vote, GOP lawmakers dismissed it as a “show vote.” Senator John Thune, R-S.D., stated that “Republicans support IVF full stop” and characterized the move as a Democratic attempt to create a political issue where none exists.
Senator Tammy Duckworth of Illinois, the sponsor of the “Right to IVF” bill, disputed GOP claims of supporting IVF. She noted changes to her legislation following an Alabama Supreme Court ruling in February that defined discarded embryos from fertility treatments as children under state law. This prompted a halt to IVF procedures by doctors in Alabama and raised nationwide concerns about similar laws potentially blocking access to these treatments.
Duckworth’s bill aims to establish a statutory right for individuals to access IVF treatments and empowers the Justice Department to enforce the law. The bill also includes provisions for servicemembers, requiring insurers in both private and public healthcare plans to cover fertility treatments.
Duckworth, an Iraq war veteran who has two daughters born via IVF, mentioned that former President Donald Trump’s recent public support for free IVF treatments validated the need for a second vote on the legislation. However, she pointed out that federal coverage alone would be insufficient if state laws prevent access to IVF procedures by classifying embryos as persons.
Florida Republican Senator Rick Scott, who is up for reelection, proposed expanding health savings accounts to help individuals pay for IVF, arguing that a bipartisan approach could yield a bill that would pass.
Senate Majority Leader Chuck Schumer linked Senate Republicans to Project 2025, a policy agenda published by the Heritage Foundation that includes restrictions on reproductive healthcare. Trump and most GOP lawmakers have distanced themselves from the document, but Schumer argued that voting against the IVF bill would support Project 2025’s objectives.
The issue has also become significant in the battle for control of the House of Representatives. GOP candidates in swing districts are promoting their support for IVF in campaign ads, countering Democratic claims that a Trump White House and GOP-controlled Congress would restrict reproductive healthcare. Some House Republicans have co-sponsored legislation by Pennsylvania Democratic Representative Susan Wild to ensure access to IVF.
Representative Suzan DelBene, D-Wash., chair of the House Democrats’ campaign committee, accused some Republicans of contradictory stances, voting for policies that conflict with their recent support for IVF. She emphasized that the American public would reject what she termed extreme attacks on reproductive freedom in the coming elections.
House Speaker Mike Johnson has expressed support for access to IVF post the Alabama Supreme Court ruling debate but has not advanced any related legislation.
This report includes contributions from NPR’s Barbara Sprunt.
