Democrats block 20-week abortion ban

Senate Democrats on Tuesday blocked a Republican bill that would ban most abortions after 20 weeks of pregnancy. 

The measure failed to advance in a 54-42 vote, falling short of the 60-vote threshold needed.

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Democratic Sens. Robert CaseyBob CaseyLive coverage: Tom Price's confirmation hearing Senate Democrats brace for Trump era Senators introduce dueling miners bills MORE, Jr. (Pa.), Joe DonnellyJoe DonnellySenators introduce dueling miners bills Government to begin calling Indiana residents Hoosiers Pence meets with Kaine, Manchin amid Capitol Hill visit MORE (Ind.) and Joe ManchinJoe ManchinManning commutation sparks Democratic criticism Paul, Lee call on Trump to work with Congress on foreign policy Senate Democrats brace for Trump era MORE (W.Va.), who all oppose abortion rights, joined Republicans in voting to advance the bill. Republican Sens. Susan CollinsSusan CollinsGOP rep faces testy crowd at constituent meeting over ObamaCare DeVos vows to be advocate for 'great' public schools GOP senators introducing ObamaCare replacement Monday MORE (Maine) and Mark KirkMark KirkGOP senator: Don't link Planned Parenthood to ObamaCare repeal Republicans add three to Banking Committee Juan Williams: McConnell won big by blocking Obama MORE (Ill.), who support abortion rights, voted against it.

The vote comes amid a roiling debate over Planned Parenthood funding that could lead to a government shutdown on Oct. 1. 

Republican leaders are hoping the vote on the 20-week abortion ban, which comes the same day that Pope Francis arrives in Washington, will help give members a chance to register their anti-abortion views without running the risk of a government shutdown.

The measure would ban abortions after 20 weeks of pregnancy except in cases of rape, incest, or when the life of the mother is at risk. The ban after 20 weeks is based on the idea that a fetus can feel pain at that point in its development, something that remains a matter of fierce debate.

Republicans also pointed out that only seven countries in the world allow abortions after 20 weeks.

“It’s legislation that would allow America to join the ranks of most civilized nations when it comes to protecting the most innocent and vulnerable of life,” Senate Majority Leader Mitch McConnellMitch McConnellMcConnell breaks with Trump on NATO McConnell: Senate could vote on 3 Trump nominees Friday Dems engage in friendly debate for DNC chair MORE (R-Ky.) said on the Senate floor.  

Opposing the bill, Planned Parenthood argued that abortions after 20 weeks are extremely rare, but are sometimes necessary for medical reasons, like if the baby has a lethal disease that would cause them to die shortly after birth.

“Passing this law would put women in unimaginable situations — needing to end a pregnancy for serious medical reasons, but unable to do so,” said Planned Parenthood Executive Vice President Dawn Laguens.   

Senate Democratic Leader Harry ReidHarry ReidDems want Sessions to recuse himself from Trump-Russia probe Ryan says Trump, GOP 'in complete sync' on ObamaCare Congress has a mandate to repeal ObamaCare MORE (Nev.), meanwhile, accused McConnell of “pandering to the extremists in his party” while the clock ticks toward a shutdown.  

“Instead of coming to grips with the reality of the situation, and working with Democrats to avoid a government shutdown, the Republicans seem more interested in political theater,” Reid said.

The 20-week bill has already passed the House.

Speaker John BoehnerJohn BoehnerLast Congress far from ‘do-nothing’ Top aide: Obama worried about impeachment for Syria actions An anti-government ideologue like Mulvaney shouldn't run OMB MORE (R-Ohio) assailed Senate Democrats for blocking the bill, calling their stance “indefensible.”

“Science and medical research has shown that by 20 weeks in the womb — five months of pregnancy — unborn babies are capable of feeling pain. It is morally wrong to inflict pain on an innocent human being, but that’s exactly what Senate Democrats and President Obama are supporting by opposing this humane bill,” BoehnerJohn BoehnerLast Congress far from ‘do-nothing’ Top aide: Obama worried about impeachment for Syria actions An anti-government ideologue like Mulvaney shouldn't run OMB MORE said in a statement.

If the ban were ever signed into law, it would almost certainly face a court challenge. Federal courts have in the past struck down some state 20-week laws as violating Supreme Court precedent protecting abortions up to the point of viability, generally considered to be around 24 weeks. Some state bans remain in place.

As for the way forward to avert a shutdown, Senate Majority Whip John CornynJohn CornynMcConnell: Senate could vote on 3 Trump nominees Friday Senate seeks deal on Trump nominees Overnight Healthcare: Takeaways from Price's hearing | Trump scrambles GOP health plans MORE (R-Texas) has indicated that the Senate will later vote on a spending bill that defunds Planned Parenthood.  

That measure would certainly be blocked by Senate Democrats, after which the Senate would move to vote on a “clean” continuing resolution that does not defund the organization.

No plans are finalized, however, and it remains unclear if House Republicans will accept a “clean” funding bill.

— This story was updated at 1:10 p.m.