[Congressional Record Volume 170, Number 11 (Monday, January 22, 2024)]
[Senate]
[Pages S194-S195]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                              Roe v. Wade

  Mr. DURBIN. Madam President, 51 years ago today, our Nation's highest 
Court issued a ruling that protected a woman's right to make the most 
fundamental choice in her life. Roe v. Wade enshrined into law that in 
America, women would have legal autonomy over their own bodies.
  As a result of the constitutional protections in Roe, America's women 
took a giant step forward toward gender equity: being afforded the 
right to choose whether, when, and how to start a family.
  But after nearly 50 years of progress, in June 2022, this Supreme 
Court overruled Roe in its Dobbs v. Women's Health Organization ruling, 
taking women's rights back half a century.
  The Dobbs decision was a win for extreme conservative activists who 
waged a relentless campaign to capture the Supreme Court and overturn 
Roe v. Wade, but it was a tragic loss for women in America.
  Take the case of Kate Cox, a married woman, mother of two, from 
Texas. Kate was elated to learn that she was pregnant with her third 
child. However, tests revealed that her baby had trisomy 18, a genetic 
condition that is almost always fatal very soon after birth. The 
prognosis was grim. Moreover, carrying the child could damage Kate's 
future fertility for another child.
  Kate and her husband made one of the hardest decisions. They made the 
decision to go forward with an abortion. But in Texas where they live, 
it is illegal in nearly all circumstances. The Cox family hoped that 
the exception in Texas law for the life and health of the mother would 
allow her to terminate this ill-fated pregnancy.
  Shockingly, it did not. Although a State court judge initially ruled 
that Kate could obtain an emergency abortion, Republican Texas Attorney 
General Ken Paxton immediately took legal steps to block Kate from 
receiving the care that she needed.
  In addition to appealing the trial court's decision to the Texas 
Supreme Court, Attorney General Paxton sent a letter to hospitals and 
doctors, warning them that anyone involved in performing an abortion 
for Kate would face civil and criminal liability.
  The Texas Supreme Court, controlled by Republicans, joined in the 
rule against Kate. She was forced to leave her home State and go across 
State lines to terminate the pregnancy.
  Let's take the case of Brittany Watts, a 34-year-old from Ohio. 
Brittany was arrested after miscarrying in her bathroom. Thankfully, 
just 2 weeks ago, a grand jury with empathy, common sense, and 
reason declined to indict her, understanding that miscarriages are 
devastating and extremely common, a pregnancy outcome that women should 
not be punished for.

  But in a post-Roe America, these are the horrific situations that 
women and the doctors who provide them care often face. Republican 
politicians in States like Texas and Ohio have made it clear they do 
not trust the judgment of women and their families in these matters.
  But even amidst this devastation unleashed by Dobbs, Democrats 
continue to fight for women. In our home State of Illinois, we have 
become an oasis for women in an area that otherwise would be left 
without abortion options. New data shows the number of women traveling 
to our State of Illinois for abortions rose nearly 50 percent in 2022, 
and we experienced the largest increase of any State in the number of 
patients traveling out of State for abortions last year. Remember, in 
each and every case, there is the cost and burden of travel as a part 
of this calculation.
  Our commitment to reproductive health has real-world impacts. In June 
of 2022, Margaret from Cook County, IL, lost her son. She was 
devastated. But one thing that made the experience less painful was 
living in a State that respected her right to make healthcare decisions 
privately with her doctor. Only a week after Margaret lost her son, Roe 
was overruled, throwing women's bodily autonomy and reproductive 
freedom in States across the country into real uncertainty but, 
fortunately, not in Illinois.
  Margaret wrote to my office and said:

       I cannot stress how awful it was to lose a child I loved so 
     much, but how glad I was to be in Illinois when this 
     devastating thing happened.

  We are proud to be a State that fights for women. But there are 
consequences to blue States meeting increased demand for abortion care.
  More than 28 million women of reproductive age live in States where 
abortion is banned, unavailable, or restricted--28 million American 
women living in those States. When thousands of women are forced to go 
out of State to get an abortion, it increases wait times for people in 
blue States, and it puts enormous stress on providers and clinics. 
Moreover, not every woman is able to afford the trip, find childcare, 
and take time off to travel to another State. This creates inequities 
for those who are trying to access safe and legal abortion.
  One thing is clear: Dobbs does not stop abortion. In fact, the 
numbers show us quite the opposite has happened. The data shows that in 
the year following the Dobbs decision, abortions actually increased 
nationwide. Moreover, public opinion polls show that the majority of 
Americans still support abortion rights. And from the States of Kansas 
to Kentucky, in every State where it has been put on the ballot, 
abortion and the rights of women to

[[Page S195]]

make these choices remains a winning issue.
  Republicans may continue to attack women's rights and freedoms, but 
these unpopular, dangerous policies will catch up with them.
  Let's not be naive. From trying to outlaw medication abortion--even 
in States where abortion is legal--to challenging a Federal law that 
requires access to reproductive care in emergencies is a reality.
  Antiabortion activists continue trying to chip away at women's 
reproductive rights and healthcare, and they are not going to stop. 
That is why we must pass the Women's Health Protection Act, enshrining 
the woman's right to choose into Federal law. It is the right thing to 
do.
  I urge my colleagues to swiftly stand up for women in this country.
  I yield the floor.
  I suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. SCHUMER. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.