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Ohio Senator and GOP vice presidential candidate JD Vance missed a Tuesday vote in the Senate to advance a bill that would federally protect access to in vitro fertilization (IVF).
Republicans once again struck down the bill, sponsored by Democratic Senator Tammy Duckworth, as the issue of reproductive rights stays a top issue for voters heading into November.
Democrats have pushed to establish protections for reproductive health procedures following the Supreme Court’s overturning of Roe v. Wade in 2022, which ended the constitutional right to an abortion. Tuesday’s bill would have protected access to IVF and required that insurance companies cover the procedure and other fertility treatments.
Senators voted 51-44, meaning that the measure failed to meet the 60-vote threshold needed to overcome a filibuster. Two Republicans, Alaska Senator Lisa Murkowski and Maine Senator Susan Collins, joined Democrats in supporting the bill.
Vance appears to have been at a campaign rally in Sparta, Michigan, on Tuesday instead of attending the vote. Four other senators did not vote on Tuesday: Cory Booker, a Democrat from New Jersey; Joe Manchin, an independent from West Virginia; Mike Rounds, a Republican from South Dakota; and Thomas Tillis, a Republican from North Carolina.
Former President Donald Trump has said that he supports IVF protections and has pledged to make the procedure free for all Americans if reelected this November. In June, a similar bill seeking to protect IVF was also shot down by Republicans in the Senate. Vance voted against the measure at the time.
Democrats quickly attacked Vance for missing Tuesdday’s vote. DNC spokesperson Aida Ross said in a statement shared with Newsweek that the senator was “showing us who he is and we should believe him.”
“The American people will remember that Vance didn’t show up for them, and they’ll make that clear when they reject the Trump-Vance ticket’s anti-choice Project 2025 agenda in November,” Ross added, referring to the controversial policy proposals published by the conservative Heritage Foundation.
Ammar Moussa, the rapid response director for Vice President Kamala Harris’ campaign, reacted to reports of Vance landing in Michigan for Tuesday’s campaign event, writing on X, formerly Twitter, “You know where JD Vance isn’t? He’s not in Washington DC voting to protect IVF access.”
“But don’t worry we already know how he feels – he and Donald Trump would ban IVF access nationwide,” Moussa added.
But Vance spokeswoman Taylor Van Kirk told Newsweek over email on Tuesday that both Trump and the senator “have made themselves crystal clear: They fully support guaranteed IVF access for every American family.”
“It’s unfortunate that [Senate Majority Leader] Chuck Schumer chose to play political games with the Senate’s time instead of working to bring down the crushing inflation that Kamala Harris created,” Van Kirk added.
Some Republican lawmakers called the bill struck down on Tuesday a political stunt, including Utah Senator Mitt Romney, who told Politico that the measure is “a messaging opportunity” that has unspecified “poison pills that Republicans find unacceptable.” Senator John Cornyn also called Tuesday a “show vote” in a post to X, formerly Twitter.
Republican Senators Katie Britt and Ted Cruz had pushed to pass an alternative bill that would have made states ineligible to receive Medicaid funding if they ban access to IVF, although that measure was blocked by Democrats. Cruz said from the Senate floor on Tuesday that he is an “unequivocal supporter of protecting IVF” but that the bill being pushed by Democrats was “to stoke baseless fears about IVF and push their broader political agenda.”
Democrats said that Cruz and Britt’s bill did not go far enough to protect IVF, including failing to protect against “fetal personhood” legislation. Alabama’s Supreme Court ruled in February that frozen embryos are considered children under the state’s constitution, which put IVF at risk. Alabama lawmakers passed a bill to protect IVF access less than a month later.
Update 09/17/24, 7:29 p.m. ET: This story has been updated with additional information and background.