[Congressional Record Volume 168, Number 78 (Tuesday, May 10, 2022)]
[Senate]
[Pages S2413-S2415]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     WOMEN'S HEALTH PROTECTION ACT

  Mr. SANDERS. Madam President, the recently leaked draft opinion in 
Dobbs v. Jackson Women's Health Organization signals what many of us 
have feared would happen: At least five rightwing Supreme Court 
Justices seem poised to overturn Roe v. Wade and abolish the 
constitutional right of women to have an abortion.
  In my view, the U.S. Senate cannot and must not allow that to happen. 
We cannot go back to the days when women had to risk their lives to end 
an unwanted pregnancy. We cannot go back to the days of back alley 
abortions. We cannot go back to the days of forcing a woman to carry a 
pregnancy or go through a childbirth that could cause her illness or 
death. That, we cannot go back to.
  In America today, it is estimated that one out of every four women 
will choose to have an abortion by the time she turns 45. In 2019, over 
625,000 women in America chose to have an abortion. While no one can 
say with any degree of certainty how many deaths there will be if 
abortion is made illegal and women are forced to carry unsafe 
pregnancies to term, there is no doubt that, over a period of time, 
many thousands of American women will die.
  Now, I get very tired of hearing the hypocrisy from the extreme 
rightwing, who say to ``get the government off our backs.'' How often 
have we heard that--``get the government off our backs; we want small 
government''?
  Well, I say to those rightwingers: If you want to get the government 
off the backs of the American people, then understand that it is women 
who control their own bodies, not politicians.
  During the COVID crisis, how many times had we heard on this floor 
and throughout this country the extreme rightwing say: The government 
must not force us to wear a mask. How dare the government do that. 
Government must not force us to have a vaccine. We

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have the right to do what we want with our bodies?
  Well, hypocritically, these very same rightwing politicians who worry 
so much about their masks and vaccines now want the Federal Government, 
the State governments, and their own local governments to mandate what 
women cannot and can do with their bodies. How hypocritical can you be?
  The decision about an abortion must be a decision for the woman and 
her doctor to make, not the government. That is why I rise this evening 
in strong support of the Women's Health Protection Act.
  This legislation would make Roe v. Wade the law of the land. This 
legislation would begin to put an end to the relentless assault on the 
reproductive rights of women that is taking place all across this 
country.
  But let me be as clear as I can be: It is not good enough to just 
talk about passing this bill. If there are not 60 votes in the Senate 
to pass this legislation--and there are not--we must end the filibuster 
and pass it with 50 votes.
  You know, I hear a lot of talk from my Democratic colleagues about 
the need for unity. Well, if there were ever a time for unity, now is 
that time.
  According to poll after poll, year after year, 60 percent of the 
American people believe that Roe v. Wade should be upheld. Moreover, 
according to a recent Washington Post-ABC poll, 75 percent of Americans 
say decisions on abortion should be left to a woman and her doctor, 
including 95 percent of Democrats, 81 percent of Independents, and 53 
percent of Republicans.
  In other words, if the U.S. Senate were truly a representative body 
of the American people--which for a variety of reasons, clearly, it is 
not--we would easily have 60 votes to pass this bill, and women would 
be protected.
  It is important for us to remember how we got to where we are today.
  Five years ago, Senator Mitch McConnell--the Republican leader--and 
the Republican Party in the Senate ended the filibuster for Supreme 
Court nominees in order to do what they could not do legislatively, 
which was to make abortion illegal. They didn't have the votes to do 
that. So, in order to get Supreme Court Justices nominated, they ended 
the filibuster.
  Candidate Donald Trump promised that he would only nominate Supreme 
Court Justices who supported overturning Roe v. Wade. Unfortunately, 
out of the many lies--endless number of lies--that Trump made during 
his campaign and Presidency, it turns out that this is the one promise 
that he kept, the one honest statement that he made.
  Further, while it looks like, in this rare instance, Trump kept his 
promise, the Republican Supreme Court Justices, during their Senate 
confirmation hearings, did not. In fact, Justice Alito and the three 
Justices nominated by President Trump, all called Roe v. Wade an 
``important precedent'' during their confirmation hearings.
  Let me quote Justice Alito at his Senate confirmation hearing on 
January 11, 2006:

       Roe v. Wade is an important precedent of the Supreme Court. 
     It was decided in 1973, so it has been on the books for a 
     long time. It is a precedent that has now been on the books 
     for several decades. It has been challenged. It has been 
     reaffirmed.

  That was Alito.
  In 2017, Justice Gorsuch said at his confirmation hearing:

       Roe v. Wade, decided in 1973, is a precedent of the United 
     States Supreme Court. It has been reaffirmed. A good judge 
     will consider it as precedent of the U.S. Supreme Court, 
     worthy of treatment as precedent like any other.

  In 2018, Justice Kavanaugh said at his confirmation hearing:

       I said that [Roe v. Wade] is settled as a precedent of the 
     Supreme Court, entitled the respect under principles of stare 
     decisis. And one of the important things to keep in mind 
     about Roe v. Wade is that it has been reaffirmed many times 
     over the past 45 years, as you know, and most prominently, 
     most importantly, reaffirmed in Planned Parenthood v. Casey 
     in 1992.

  That was Justice Kavanaugh.
  But, today, it has become increasingly clear that, despite these 
statements to the contrary, the three Justices nominated by Trump were 
hired specifically to overturn Roe v. Wade, and with Justice Alito at 
the helm, nominated by President George W. Bush, that is precisely what 
it appears they are set to do.
  These are four Justices, all appointed by Presidents who lost the 
popular vote. Is it any wonder why Americans all over our country are 
losing faith in their democracy?
  Well, you know what I believe: If Republicans can end the filibuster 
to install rightwing Justices--nominated by Presidents who lost the 
popular vote--in order to overturn Roe v. Wade, Democrats can and must 
end the filibuster to make abortion legal and safe.
  Let's be clear: If the Supreme Court strikes down Roe v. Wade, 
abortion bans will immediately go into effect in 22 States throughout 
America, with 4 others likely to follow suit. In 10 of these States, it 
will be illegal to have an abortion even in cases of rape or incest.
  For example, in the State of Texas, if Roe v. Wade is struck down, it 
will be considered a felony for any Texas doctor to perform an abortion 
on a woman who is raped or impregnated by a family member. Furthermore, 
that law would actually criminalize abortion, punishing both women and 
doctors, who could face years in prison if they are found guilty.
  Other States have passed similar types of legislation. Mississippi's 
Governor has even refused to rule out the banning of contraception as a 
next step--the banning of contraception.
  Let us be clear: The Supreme Court, no matter how it ends up ruling, 
will not be able to ban abortion.
  If you are wealthy and if you have the means to get on an airplane or 
drive hundreds of miles to a clinic, you will have access to a safe 
abortion. But if you are poor or a member of the working class, it is 
likely that you will not. The reality is that overturning Roe v. Wade 
would be devastating to low-income and working-class women, who do not 
have the means to travel long distances to get an abortion.
  The issue we are discussing tonight is often framed as a ``woman's 
issue.'' I disagree. This is a human rights issue. And if there has 
ever been a time in American history when the men of this country must 
stand with the women of this country, this is that moment.
  I do find it somewhat amusing that the loudest voices in the 
Republican Party demanding that women be forced to give birth against 
their will are exactly the same people who oppose virtually every 
effort here in Congress designed to improve life for children and their 
mothers.
  These Republicans are opposed--and some Democrats are opposed--to 
paid family and medical leave in America. They literally believe that 
it is acceptable for an employer to force a mother to go back to her 
job a week after giving birth. Some Republican colleagues want women, 
regardless of what they believe, to have a baby, but they could care 
less about those babies once they are born.
  These same Republicans, without exception, are opposed to extending 
the $300 a month child tax credit that expired in December and went a 
long, long way to making it easier for working-class families to raise 
their children with dignity. These same Republicans are opposed to 
universal childcare and free pre-K.
  It is no great secret that women throughout the history of our 
country have had to fight valiantly for their basic human rights 
against all forms of patriarchy. Let us never forget that when our 
country was formed, women were not just second-class citizens; they 
were third or fourth class citizens.
  Women have been fighting for equal rights in this country since the 
1800s. They didn't receive the right to vote until 1920. If you can 
believe this--and people don't know this--women needed a male cosigner 
on bank loans until 1974. Women had to get a male cosigner for a bank 
loan until 1974.
  Throughout the 1960s and 1970s--and way, way before that--women had 
to fight for entry into certain professions from which they were 
barred. The fight for equal pay continues to this day.
  Let us be clear. When it comes to the rights of women, we cannot go 
backward. We must go forward. We cannot go back to the days when women 
could not have full access to birth control. We cannot go back to the 
days of wide-scale domestic violence against women. The time has come 
for all of us to protect and expand women's rights in America.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Nevada.

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  Ms. CORTEZ MASTO. Madam President, we are living in the twilight of 
Roe v. Wade and the incredibly important protections for Americans that 
flow from it. For almost 50 years, the Supreme Court held that the 
Constitution safeguarded women's access to critical reproductive 
healthcare, including abortion, and rightly so. Most American women 
have never lived without the ability to control their bodies, their 
health, and their families' economic well-being.
  As we learned last week from a draft opinion, the Supreme Court is 
poised to strip away these fundamental freedoms from women around the 
United States by overturning its own precedents. This would be one of 
the very few times in American history when the Court has taken away 
rights rather than expanding them. If this draft stands, young women 
today will have fewer choices than their mothers and grandmothers had.
  The Senate has an opportunity to pass Federal law to protect the 
right to choose across this country. I urge my colleagues to take and 
pass this legislation and do what a large majority of Nevadans and 
Americans want: to let women make their own decisions.
  Here is what could happen if the Supreme Court draft becomes law. If 
the Supreme Court overturns longstanding precedent in June, the right 
to choose will immediately cease to exist in about 18 States, and 
others will act quickly to pass new bans on critical care. And within 
months, restrictions on reproductive choice will be in place in 
approximately half of the States, meaning that around the world, half 
of the women around the country, half of the women of child-bearing age 
will not be able to get critical care where they live.
  The women who have the money and the time will travel to States like 
mine that have legal protections for reproductive healthcare. In 
Nevada, we are already seeing women traveling from Texas, where an 
extreme law offers a $10,000 reward to vigilantes targeting anyone who 
``aids and abets'' abortions.
  If Roe falls, it would automatically trigger abortion bans in 
neighboring Idaho and Utah as well. We will see women traveling from 
Nevada to those States too.
  But the vast majority of women seeking reproductive care won't even 
have the option to travel for care. We know what happens to these 
women. The research shows that when people cannot get essential 
reproductive care, their physical, their emotional, and their economic 
health suffers, as does the health of their families. They can face 
life-threatening pregnancy complications and long-term health impacts.
  This Court decision will strip away women's power to make the best 
decisions for themselves and their families. That means women will not 
have the same control over their lives and bodies as men do, and that 
is just wrong.
  Nevadans understand something fundamental about the right to choose. 
The fact is that you can never know what circumstances another person 
faces until you walk in their shoes. That is why most Nevadans want to 
preserve women's freedom to decide what healthcare they receive. They 
know it is not right to impose their own beliefs on others when 
Americans have such divergent religious views, economic and family 
circumstances, and medical histories.

  This is why family planning is so important. We have seen it again 
and again over the years. Far-right, extreme Republican lawmakers want 
to target the entire spectrum of reproductive healthcare and family 
planning services.
  The laws they are proposing in States like Louisiana and Tennessee 
would keep women who want to become pregnant from getting fertility 
treatments. They could stop women who are raped from getting the 
morning-after pill to prevent a potential pregnancy. These laws could 
block access to contraception for women who have painful menstrual 
cycles or other health conditions or who simply don't want to have a 
child.
  It seems that these effects on women don't matter to many on the far 
right, including Mitch McConnell, who is already discussing a 
nationwide abortion ban that could threaten even Nevada's legal 
protections.
  That is why my colleagues and I are standing up for legislation that 
will codify women's reproductive freedoms into Federal law. The Women's 
Health Protection Act will preserve the right to choose nationally and 
ensure that women have access to critical care.
  If we want our daughters to grow up with the same freedoms we have 
had for 50 years, we have to act now. We need to stand up for women in 
America and trust them to make their own decisions about their health, 
their families, and their lives.
  I believe in American women, and that is why this fight for us is 
now.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from California.
  Mr. PADILLA. Madam President and colleagues, this past week, 
following the leaked Supreme Court opinion that threatens to overturn 
Roe v. Wade, thousands of Californians have reached out to my office in 
the form of phone calls, in the form of letters, and in the form of 
emails, all to voice their support for the right to choose.
  It is abundantly clear that Congress must pass the Women's Health 
Protection Act and codify the right to an abortion into Federal law.
  Countless Californians and other Americans have spoken up--many in 
public, many in private--to share their own abortion stories.
  Think about the students who want to finish high school before 
starting a family. Think of survivors of sexual assault, whose abortion 
reaffirmed their right to choose for their own bodies. Think of parents 
who desperately wanted a child but, upon becoming pregnant, learned the 
devastating news about dangerous health risks associated with that 
pregnancy. Think of the women whose lives were saved by an abortion, 
because abortion is often critical medical care. And think about women 
who remember a time a half a century ago, before Roe v. Wade secured 
this right, a time when--don't get me wrong--abortion still happened, 
but they were unsafe secrets at the time, when women risked their lives 
for the choice that they needed.
  I believe that the right to an abortion is a fundamental right, and I 
am proud to represent a State that fiercely defends abortion access. 
California is committed to safe, respectful abortion care for all who 
need it. That is why Californians have stepped up this year, with some 
even traveling to aid women who were threatened by SB 8, the Texas law 
that prohibits abortion at 6 weeks. This is the very law that Senator 
Cortez Masto just referenced a few minutes ago, and it is why so many 
Californians are speaking up now.
  We know that your right to choose should not end at a State border, 
and it certainly shouldn't rely on your income or your transportation 
options or whether or not you can afford to take time off from work.
  All across America, a strong majority support a woman's right to make 
her own healthcare decisions. We can't stand by and watch while 
rightwing politicians and judges seem to roll back the clock on women's 
rights. That is why I am voting for the Women's Health Protection Act 
and why I urge each and every one of you to do the same.
  We must secure the right to abortion nationwide. We must protect the 
fundamental rights of women across the country--not just in a few 
States but across the country.
  Congress can and must do this by passing the Women's Health 
Protection Act.

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