While the bill is not expected to pass — and is unlikely to pass — the legislation introduced by two Republicans and two Democrats on Monday is intended to send a message to state legislatures and the public that the Senate majority supports codifying the Roe , even if they can’t get the necessary 60 votes to pass it in the Senate 50-50. “We still think it’s useful to show that there is a bipartisan majority that would like to codify Roe,” even though the bill doesn’t have enough votes, said Sen. Tim Kaine, D-Virginia, who introduced the legislation with D-Sen. . Kyrsten Sinema of Arizona and Republican Sens. Susan Collins of Maine and Lisa Murkowski of Alaska. The legislation would prohibit most state regulations that block access to abortion before fetal viability, which is generally considered to be around 24 weeks. It would allow state restrictions after that point as long as the mother’s life is protected. It would also protect access to contraception, an issue after Justice Clarence Thomas suggested in a concurring opinion overturning Roe that rulings guaranteeing access to contraception and other rights may need to be revisited. The bipartisan bill is narrower than the bill favored by most Democrats — passed by the House but blocked by Senate Republicans — that would protect abortion rights and expand them beyond what was allowed in the landmark ruling of 1972 Roe v. Wade. Democratic Sen. Joe Manchin of West Virginia, Collins and Murkowski all voted against this bill despite opposition to overturning Roe. Kaine said he felt Democrats “left votes on the table” after that effort. He said he was encouraged by a new law designed to reduce gun violence that passed the House and Senate after horrific shootings in Texas and New York. “There weren’t even 60 votes” on that bill until members decided inaction was no longer an option, he said. Democrats would need 10 Republican votes to overcome the favorite and pass a 50-50 Senate bill, but only Collins and Murkowski have publicly supported abortion rights. In overturning Roe, the court allowed states to enact strict abortion limits, including many that had previously been ruled unconstitutional. The decision is expected to lead to abortion bans in about half of the states. Already, some GOP-controlled states have moved quickly to restrict or ban abortions, while Democratic-controlled states have sought to defend access. Voters now rank abortion as one of the most pressing issues facing the country, a shift in priorities that Democrats hope will reshape the political landscape in their favor for the midterm elections. The support of Kaine and Sinema, a moderate, comes as some activists have accused President Joe Biden and other top Democrats of not responding strongly enough to the decision. Kaine said there was a heightened sense of urgency since the June decision and suggested he or others might go to the floor at some point and ask for a vote, an effort unlikely to succeed but could draw attention to the bill as the majority of Americans say they disagree with the Supreme Court decision. “People are paying attention,” Kaine said.
