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Morning Briefing

Summaries of health policy coverage from major news organizations

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Friday, May 6 2022

Full Issue

Democrats Lack Votes To Pass Bill Codifying Roe

Senate leaders plan a doomed vote for next week on legislation to protect abortion rights at the federal level in a symbolic move, as Democrats worry they have no strategy on the issue. Meanwhile, both parties see ways an overturned Roe v. Wade could help them in the fall elections.

The New York Times: Democrats Plan A Bid To Codify Roe, But Lack The Votes To Succeed 

Senator Chuck Schumer, Democrat of New York and the majority leader, moved on Thursday to set up a vote next week on a bill to codify abortion rights into federal law, acting quickly in the wake of a leaked Supreme Court draft decision overturning Roe v. Wade, despite clear evidence that the measure lacks the support to be enacted. The plan is little more than an effort to send a political message before the midterm elections and a seismic ruling that could have major legal, cultural and electoral consequences, with deep significance for voters across the political spectrum. (Karni, 5/5)

The Washington Post: Sen. Collins Voices Opposition To Democratic Legislation That Would Create Statutory Right To Abortion 

Sen. Susan Collins (Maine), one of two prominent Republican senators who support abortion rights, said Thursday that she does not support a Democratic measure that would create statutory right to the procedure, arguing that the legislation does not provide sufficient protection to antiabortion health providers. The statement from Collins comes as the Senate is preparing to vote next week on the legislation, known as the Women’s Health Protection Act, and as the Supreme Court appears poised to overturn the landmark Roe v. Wade ruling, which established a woman’s right to an abortion. (Sonmez and DeBonis, 5/5)

The Hill: Democrats Worry They Lack A Plan To Fight Back On Roe V. Wade

Democrats are worried their party lacks a clear plan to push back at what is certain to be an onslaught of abortion restrictions in the wake of a Supreme Court draft ruling striking down Roe v. Wade. While Democrat after Democrat has cried out over the possibility a conservative Supreme Court could eviscerate abortion rights, strategists say little is being offered in terms of a clear way to fight back.  Some also say the party wasn’t ready for something that was clearly coming down the pike. (Chalfant and Parnes, 5/6)

The Washington Post: Why Democrats Probably Won’t Get Rid Of The Filibuster For Abortion 

Democrats don’t have 50 votes among themselves to change the filibuster for abortion. Democratic Sens. Joe Manchin III (W.Va.) and Kyrsten Sinema (Ariz.) explicitly said this week that they opposed changing the filibuster for abortion. The two blocked Democrats’ effort a few months ago to eliminate the filibuster to pass voting rights legislation. “The filibuster is the only protection we have in democracy,” Manchin told reporters this week. “We’ve protected women’s rights with the filibuster.” Sinema called the filibuster and other Senate rules “more important now than ever.” (Phillips, 5/5)

More on lawmakers' reactions and the midterm elections —

The Washington Post: A Pair Of Four-Pinocchio Abortion Claims From Rep. Ocasio-Cortez, Sen. Scott 

Sometimes we come across potential fact checks that are so easily reviewed that it hardly seems worth the trouble. But at the same time, it’s important to set the record straight. In this case, we have a matched pair of Four-Pinocchio claims on abortion made by lawmakers, one by a Democrat [Alexandria Ocasio-Cortez] and the other by a Republican [Sen. Rick Scott]. In both cases, the spokesperson for the lawmaker refused to respond to our questions — usually a good sign that the lawmaker messed up. (Kessler, 5/6)

The Wall Street Journal: After Leak Of Roe V. Wade Opinion, Parties Make Dueling Bets On Power Of Abortion Issue

Democrats hope that the Supreme Court’s draft opinion ending a constitutional right to abortion will accomplish what President Biden and his party in Congress so far haven’t: Injecting urgency into the midterm elections so that Democrats feel the need to vote. Republican leaders, by contrast, argue that the prospect of a long-sought abortion victory will energize their own voters—and that Democratic enthusiasm will continue to lag behind due to unhappiness with inflation, Covid-19 and what they portray as the majority party’s limited legislative accomplishments in Washington. (Zitner and Jamerson, 5/5)

The Washington Post: The Trailer: Four Ways The Leaked Draft Abortion Opinion Has Altered The Midterms 

Democrats are furious, which helps (some) Republicans right now. During the 2020 campaign, plenty of Democrats, President Biden included, adapted to the reality of a Trump-shaped Supreme Court by promising to “codify” Roe at the federal level. They never had a plan to pull that off — which was clear at the time, and is more obvious now that Senate Democrats have scheduled a vote next week on a bill that would create a legal right to abortion. That’s going to become a sideshow, with Democrats far short of the 60 votes needed to break a filibuster and two votes short of the 51 votes needed to eliminate the filibuster. (Weigel, 5/5)

What are Biden, Trump, Pence, and Clinton saying? —

AP: Once Conflicted, Biden Embraces Role As Abortion Defender

Although Biden called for protecting Roe v. Wade in his State of the Union speech in March, since becoming president he had never publicly uttered the word “abortion” until this week, when the draft court decision leaked. And he still prefers to frame the issue around privacy and people’s ability to make their own decisions free from government interference. “This is about a lot more than abortion,” he said Wednesday at the White House. He often references other court decisions on same sex marriage or birth control. “What are the next things that are going to be attacked?” It’s the kind of rhetoric that he deployed successfully during the 1987 confirmation hearings for Robert Bork, President Ronald Reagan’s nominee to the Supreme Court. (Megerian, 5/5)

Politico: Trump Set The Stage For Roe’s Demise. For Now, He Doesn’t Wanna Talk About It. 

It should be Donald Trump’s crowning achievement, one that fulfilled the deepest wish many conservatives have held for generations.Three of the Supreme Court justices appointed by the former president signed onto the initial draft opinion that appears to signal the end of the landmark abortions right case, Roe v. Wade. ... The former president, never one to shy away from taking credit for accomplishments, real or imagined, has yet to crow about the majority draft opinion. And when asked about it in interviews, he steered clear of anything resembling a victory lap. Instead, he expressed displeasure that the draft leaked and sidestepped weighing in on the issue of abortion rights. On Wednesday night at Mar-a-Lago, he told POLITICO he was waiting to see “finality” in the case. (McGraw and Lemire, 5/5)

AP: Pence: Leaked Abortion Draft Opinion Helps Some '22 Hopefuls 

Former Vice President Mike Pence applauded the essence of a leaked draft opinion suggesting that the U.S. Supreme Court could be poised to overturn the landmark case that legalized abortion nationwide, predicting that the decision could have favorable impacts for anti-abortion candidates in midterm elections across the country. “I hope and pray that the Supreme Court draft opinion will hold and become part of the law of the land, returning the question of abortion to the states and to the American people,” Pence said. “I also have no doubt that the women and men who are standing for public office at every level who have taken a strong stand for the unborn and the sanctity of life will be favorably impacted by this decision, particularly at the state level.” (Kinnard, 5/6)

ABC News: 'We're Not Going Back': Hillary Clinton Speaks Out On Abortion Rights 

Reproductive rights were top of mind for Hillary Clinton and others at the grand opening of the new Global Embassy for Women in Washington, D.C., on Thursday -- just days after an unprecedented Supreme Court leak revealed a draft opinion overturning Roe v. Wade. "I know this is quite an ironic week for us to be opening the headquarters, but in a way, it's probably appropriate because no advance is ever permanent," said Clinton, former first lady and secretary of state, before hosting a panel on the state of women's rights. "There are always forces at work to turn the clock back, particularly on women and we know there still is a double standard about what is or is not expected and appropriate for how women make the choices in our own lives." (Stewart, 5/5)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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