[Congressional Record Volume 168, Number 77 (Monday, May 9, 2022)]
[Senate]
[Pages S2374-S2375]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                                Abortion

  Ms. HIRONO. Madam President, Republicans continue to be totally 
shocked by the leak of a draft Supreme Court decision. But what is 
truly shocking is the fact that we have a radical, rightwing majority 
now on our Supreme Court, thanks to three Trump Justices who are poised 
to take away a constitutional right that women in this country have 
relied upon for almost 50 years.
  The Supreme Court has never overturned a constitutional right it has 
earlier conferred. And yet today, in 2022, women across the country are 
going to wake up and no longer have control over their own bodies once 
the Supreme Court stays its course to overturn both Roe and Casey. The 
Republican Party has sabotaged the Supreme Court, and women and girls 
across the country are going to pay the price.
  In 13 States, the minute Roe is overturned, abortion will be illegal, 
and dozens of other States will move to do the same. These States are 
prepared to outlaw abortion with only narrow exceptions, if at all.
  Imagine this. If a child is raped, Republicans will force her to give 
birth. If a woman's life is in danger, Republicans will force her to 
give birth, despite the fact that the United States already has the 
highest maternal mortality rate of any developed country. If a woman 
cannot afford to raise a child, Republicans will force her to give 
birth anyway. And then, once that child is born, all of a sudden, their 
concern for that child pretty much goes out the window.
  They have done little to support women and families. They have 
repeatedly blocked Democratic efforts to provide healthcare, childcare, 
paid family leave, and more. There is nothing pro-life about that. And 
if a woman chooses to get an abortion for any reason, whether it be 
rape or medical necessity, Republicans stand ready to throw in jail 
women, doctors, and even those who help people access the procedure.
  And make no mistake, if Republicans take control over the House and 
Senate, they will press to pass national legislation that will outlaw 
abortion throughout the country.
  I have been an advocate for reproductive freedom for decades. When I 
was in college, abortion was not legal. It was the first time I wrote a 
political letter to the members of Hawaii's congressional delegation 
asking for their position on abortion. Abortion is one of the reasons I 
became an activist. And I fought against concerted efforts to limit 
abortion in Hawaii during the 14 years that I served in the Hawaii 
State Legislature. I knew then, as I do now, that women should be able 
to control our own bodies.
  And, sadly, the threat to women's freedom is as real today as it was 
when I was first advocating for this right decades ago.
  I am proud that Hawaii was the first State in the country to 
decriminalize abortion before Roe. So regardless of the Supreme Court 
decision, women's reproductive freedom in Hawaii will be protected. But 
for how long? So many women across the country do not live in States 
like Hawaii that protect the right to an abortion.
  Barriers to abortion access have always existed--barriers like 
finding childcare, taking time off from work and travel and 
transportation and more. The number of women dealing with the obstacles 
to get the essential healthcare they need will skyrocket if Roe is 
overturned.
  And we know who is going to be harmed the most: people who can't 
travel, including people with low incomes, people with disabilities.
  Due to systemic barriers and this country's legacy of racism and 
discrimination, Black, Latino, indigenous, Asian Americans, Pacific 
Islanders, and other people of color disproportionately feel the 
effects of abortion bans and restrictions.
  We know this is true because we have seen it play out in Texas. 
Already, women in Texas have to travel hundreds of miles to seek 
abortion services. Many women in Texas do not have the means or the 
opportunity.
  When you read Justice Alito's draft opinion, it is quite clear that 
this Justice has harbored a desire to overturn Roe for the 16 years he 
has been on the Supreme Court. And, now, thanks to the three Trump 
Justices, his radical opinion on abortion is no longer dissent but the 
majority opinion. This is our worst fears coming true.
  Meanwhile, I listened to Mitch McConnell, the Republican leader, this 
morning, who kept calling Democrats ``extreme'' in our view--in our 
commitment to supporting a woman's right to abortion. He said that he 
would never support ``smashing'' the filibuster on this or any issue. 
Well, he had no problem smashing the filibuster when it came to Supreme 
Court Justices, and that is the very reason that three radical Trump 
Justices got on the Supreme Court in the first place and the reason why 
women are about

[[Page S2375]]

to lose a constitutional right that we have relied upon for almost 50 
years.
  Make no mistake, these radical Justices are just getting started. 
Alito's draft opinion, which denigrates any privacy basis for Roe, 
casts doubt on other privacy rights. Without privacy rights, the States 
are basically unfettered in what they do.
  And now that the radical rightwing Justices are on the cusp of 
getting what they wish regarding abortion rights, Justice Alito is 
already signaling what is next: revisiting Obergefell, the marriage 
equality decision. And we know so much more is at stake.
  We cannot sit back and accept this as our new normal. We cannot go 
back to a time when women had no autonomy over our own bodies. We 
cannot go back to a time when members of the LGBTQ+ community were 
treated as second-class citizens. And we cannot go back to a time where 
basic human rights were left up to the States--to the States--to 
decide.
  Since when do States get to decide whether or not a constitutional 
right exists? That is what we have the Supreme Court for, and that is 
what the Supreme Court is not making sure that we continue to protect.
  So here we are. Not only do we have to push to codify Roe nationally, 
but we have to take this fight to the ballots in November. As Justice 
Alito, in his draft opinion, cavalierly said, basically: All you women 
out there, go out and vote. So, yes, he is calling on the women of this 
country to use our energy and our resources to fight for a right, a 
constitutional right, that women in this country relied on for nearly 
50 years. And, yes, that is exactly what we are going to do.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Ms. CANTWELL. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.