[Congressional Record Volume 164, Number 108 (Wednesday, June 27, 2018)]
[Senate]
[Pages S4493-S4494]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           WOMEN'S HEALTHCARE

  Ms. SMITH. Mr. President, I am proud to join my colleagues today in 
recognizing the anniversary of a landmark Supreme Court decision, Whole 
Woman's Health v. Hellerstedt.
  Before I talk about that decision, I want to talk today about Justice 
Anthony Kennedy's retirement. This is a pivotal moment in our country. 
With Justice Kennedy's retirement announcement today, the stakes have 
never been higher for making sure we choose a Supreme Court Justice 
committed to the Constitution and to protecting the most fundamental 
rights of Americans--the right to vote, the ability to organize, and a 
woman's right to choose.
  Whomever replaces Justice Kennedy will, no doubt, have a say on 
issues that affect the lives of every American--issues such as the 
healthcare system, our elections, and the health of our environment.
  In February of 2016, some 9 months before the 2016 election, Majority 
Leader Mitch McConnell issued a statement saying: ``The American people 
should have a voice in the selection of our next Supreme Court 
Justice.'' He kept his word. He didn't hold a hearing or a vote on 
President Obama's nominee, Merrick Garland, during that election year.
  I believe Republicans should be held to the same standard they set 
themselves. The Senate has a constitutional duty to provide advice and 
consent. We are a little more than 4 months away from an election that 
will decide the balance of the Senate. So let us let the American 
people decide who provides that advice and consent, especially given 
the close balance of the Senate as it stands today.
  Back to the Whole Woman's Health decision, 2 years ago today, the 
Court reaffirmed that women have a constitutional right to make their 
own decisions about their reproductive health and family planning. The 
Court found that this fundamental right could not be unduly burdened 
with regulatory restrictions and requirements by the State or Federal 
Government. This was just one in a long line of Supreme Court decisions 
that affirm a woman's right to make personal, private decisions about 
her healthcare and family planning.
  Whole Woman's Health recognized that in order to protect women's 
constitutional rights, it is not enough that abortion services are 
theoretically available. They must also be practically accessible.
  It is especially important to recognize the anniversary of this 
important decision today because just yesterday the Supreme Court 
issued another decision, one that, unfortunately, threatens to make it 
harder for women to receive reliable and accurate information about the 
full range of their reproductive healthcare options.
  As a U.S. Senator but also as a woman who served as a volunteer for 
Planned Parenthood and then as an executive for Planned Parenthood in 
North Dakota and South Dakota, I know that the right to access safe and 
reliable reproductive healthcare has a profound impact on women's 
lives.
  Women cannot have economic security if they do not have the freedom 
to decide when and how to raise a family. This deeply personal decision 
influences women's choices about whether to go to school, buy a home, 
or start a new business. I trust women to make

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these decisions for themselves and their families without the 
government looking over their shoulders.
  Whole Woman's Health struck down some of the most egregious burdens 
on women's rights to access reproductive healthcare. But the fight to 
protect women's rights to accessible, safe, and reliable reproductive 
health is far from over. Despite this ruling, some States have 
continued their attempts to undermine women's constitutional rights.
  In fact, in the 2 years since Whole Woman's Health was decided, 
States have proposed over 1,000 new restrictions on abortion, and 180 
of those have become law. Many of these restrictions are aimed at 
shutting down clinics or criminalizing providers. Make no mistake. This 
is not about protecting women's health. This is about influencing 
women's choices, and it is wrong.
  I believe strongly that the government has no business interfering in 
a woman's medical decisions. These decisions should be made by a woman, 
her family, and her healthcare provider. I trust women to make these 
decisions that are best for themselves and their own situations. This 
is why I am proud to cosponsor the Women's Health Protection Act, which 
would protect women's access to safe and legal healthcare services, 
regardless of where they live.
  The bill would prohibit States from imposing restrictions on abortion 
services that do not promote women's health or safety. For example, 
laws that target providers with unnecessary and burdensome building 
codes or those that force women to undergo medically unnecessary 
testing and procedures would be prohibited.
  This bill would codify the standards set in Whole Woman's Health and 
authorize the Department of Justice to protect women's constitutional 
rights by going after these unconstitutional laws.
  I stand with women, and I invite my colleagues to do the same by 
cosponsoring the Women's Health Protection Act.
  Thank you, Mr. President.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Colorado.

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