IVF debate: Republicans stop short on federal protections
IVF rights advocates rally outside the Alabama State House on Wednesday. Credit: AP/Stew Milne
WASHINGTON — An Alabama Supreme Court ruling deeming frozen embryos as unborn children has reignited debate on Capitol Hill over Democrat-led legislation calling for federal protections for in vitro fertilization, or IVF treatments.
Long Island’s four U.S. House members have all expressed support for IVF. But they're split over whether the federal government should play a role in protecting patients and service providers in the event of damage or destruction of frozen embryos.
The Feb. 18 court ruling said frozen embryos — typically stored at specialized facilities as part of the IVF process — have the same legal protections as children. The ruling prompted IVF providers throughout Alabama to suspend services out of fear that damage to embryos or a patient’s decision to dispose of them would make providers liable for violating the state's abortion ban.
Republicans, who have faced electoral losses across the country because of the U.S. Supreme Court ruling in 2022 that overturned federal abortion protections, have sought to distance themselves from the Alabama court’s decision.
Congressional Republicans, including the three GOP members from Long Island, have largely expressed support for the IVF procedure, but have stopped short of calling for enshrining protections in federal law.
Reps. Anthony D’Esposito (R-Island Park) and Nick LaLota (R- Amityville) on Thursday became co-sponsors of a nonbinding resolution by Rep. Nancy Mace (R-S.C.) expressing support for IVF and denouncing “any judicial ruling that would result in restricted access to fertility care.”
In a statement to Newsday, D’Esposito called IVF treatments “extraordinarily helpful for those who struggle with infertility, [and] actions that curtail access to this important medical procedure rob countless Americans of the joys of family life.”
LaLota in a statement said the Alabama court ruling “goes too far,” and praised Alabama lawmakers who “righted this wrong.” Alabama’s GOP-led legislature passed legislation Thursday to protect IVF providers from lawsuits.
Abortion access advocates and many Democrats criticize Mace’s resolution as merely a symbolic measure that doesn't codify protections.
House Democrats are rallying behind a bill sponsored by Rep. Susan Wild (D-Pa.) that would safeguard access to in vitro treatments.
Rep. Tom Suozzi (D-Glen Cove), who backs Wild’s legislation, said “reproductive freedom and women’s health care should be uniformly protected across the country.”
Rep. Andrew Garbarino (R-Bayport) has not signaled support for either of the House measures, but in a statement to Newsday said: “I strongly support preserving the availability of IVF, which has been a lifeline to countless Americans seeking to start and grow their families.”
Senate Democrats on Wednesday failed to pass a bill sponsored by Sen. Tammy Duckworth (D-Ill.) and co-sponsored by Sen. Kristen Gillibrand (D-N.Y.) that would have established federal protections for IVF treatments.
Democrats tried to fast track the bill, but the objection of Sen. Cindy Hyde-Smith (R-Miss.) stopped the legislation from advancing.
Senate Majority Leader Chuck Schumer, in a speech on Wednesday, took aim at Republicans who are distancing themselves from the Alabama decision.
“Republicans spent decades packing our courts with hard-right, MAGA, reactionary judges,” Schumer said, referring to former President Donald Trump’s “Make America Great Again” slogan. “So, Republicans deserve zero benefit of the doubt now that the consequences of their agenda are sinking in and even spreading.”
Republicans recognize the issue is a political vulnerability, Republican political strategist Susan Del Percio said.
“This is a disaster for Republicans,” said Del Percio, who is based in Manhattan. “It’s an example of a bigger issue that I think the Democrats will do very well with both nationally and here in New York, which is it’s an attack on women … not just with women’s reproductive rights, but just on women’s bodies, and what they can do.”
EMILY’s List, a nonprofit that seeks to elect Democratic women who back abortion rights and backs Democrat Laura Gillen in her bid to unseat D’Esposito in the 4th Congressional District, this week held a news conference with Gillen to attack D'Esposito's positions on IVF and abortion.
EMILY’s List interim president Jessica Mackler said the group plans to spend money and resources targeting New York House Republicans on the IVF and abortion issues.
“This is about who gets to decide, who gets to make choices about our health care, about our own bodies,” Mackler said. “This is going to be a critical determinant issue in elections across New York and across the country.”
D'Esposito said Democrats were leading a “smear campaign” and pointed to his backing of the Mace resolution as evidence he “supports women’s access to important fertility resources like IVF treatments.”
WASHINGTON — An Alabama Supreme Court ruling deeming frozen embryos as unborn children has reignited debate on Capitol Hill over Democrat-led legislation calling for federal protections for in vitro fertilization, or IVF treatments.
Long Island’s four U.S. House members have all expressed support for IVF. But they're split over whether the federal government should play a role in protecting patients and service providers in the event of damage or destruction of frozen embryos.
The Feb. 18 court ruling said frozen embryos — typically stored at specialized facilities as part of the IVF process — have the same legal protections as children. The ruling prompted IVF providers throughout Alabama to suspend services out of fear that damage to embryos or a patient’s decision to dispose of them would make providers liable for violating the state's abortion ban.
Republicans, who have faced electoral losses across the country because of the U.S. Supreme Court ruling in 2022 that overturned federal abortion protections, have sought to distance themselves from the Alabama court’s decision.
Stopping short on federal protections
Congressional Republicans, including the three GOP members from Long Island, have largely expressed support for the IVF procedure, but have stopped short of calling for enshrining protections in federal law.
Reps. Anthony D’Esposito (R-Island Park) and Nick LaLota (R- Amityville) on Thursday became co-sponsors of a nonbinding resolution by Rep. Nancy Mace (R-S.C.) expressing support for IVF and denouncing “any judicial ruling that would result in restricted access to fertility care.”
In a statement to Newsday, D’Esposito called IVF treatments “extraordinarily helpful for those who struggle with infertility, [and] actions that curtail access to this important medical procedure rob countless Americans of the joys of family life.”
LaLota in a statement said the Alabama court ruling “goes too far,” and praised Alabama lawmakers who “righted this wrong.” Alabama’s GOP-led legislature passed legislation Thursday to protect IVF providers from lawsuits.
Abortion access advocates and many Democrats criticize Mace’s resolution as merely a symbolic measure that doesn't codify protections.
House Democrats are rallying behind a bill sponsored by Rep. Susan Wild (D-Pa.) that would safeguard access to in vitro treatments.
Rep. Tom Suozzi (D-Glen Cove), who backs Wild’s legislation, said “reproductive freedom and women’s health care should be uniformly protected across the country.”
Rep. Andrew Garbarino (R-Bayport) has not signaled support for either of the House measures, but in a statement to Newsday said: “I strongly support preserving the availability of IVF, which has been a lifeline to countless Americans seeking to start and grow their families.”
Senate Democrats on Wednesday failed to pass a bill sponsored by Sen. Tammy Duckworth (D-Ill.) and co-sponsored by Sen. Kristen Gillibrand (D-N.Y.) that would have established federal protections for IVF treatments.
Democrats tried to fast track the bill, but the objection of Sen. Cindy Hyde-Smith (R-Miss.) stopped the legislation from advancing.
Senate Majority Leader Chuck Schumer, in a speech on Wednesday, took aim at Republicans who are distancing themselves from the Alabama decision.
“Republicans spent decades packing our courts with hard-right, MAGA, reactionary judges,” Schumer said, referring to former President Donald Trump’s “Make America Great Again” slogan. “So, Republicans deserve zero benefit of the doubt now that the consequences of their agenda are sinking in and even spreading.”
Political problem for GOP
Republicans recognize the issue is a political vulnerability, Republican political strategist Susan Del Percio said.
“This is a disaster for Republicans,” said Del Percio, who is based in Manhattan. “It’s an example of a bigger issue that I think the Democrats will do very well with both nationally and here in New York, which is it’s an attack on women … not just with women’s reproductive rights, but just on women’s bodies, and what they can do.”
EMILY’s List, a nonprofit that seeks to elect Democratic women who back abortion rights and backs Democrat Laura Gillen in her bid to unseat D’Esposito in the 4th Congressional District, this week held a news conference with Gillen to attack D'Esposito's positions on IVF and abortion.
EMILY’s List interim president Jessica Mackler said the group plans to spend money and resources targeting New York House Republicans on the IVF and abortion issues.
“This is about who gets to decide, who gets to make choices about our health care, about our own bodies,” Mackler said. “This is going to be a critical determinant issue in elections across New York and across the country.”
D'Esposito said Democrats were leading a “smear campaign” and pointed to his backing of the Mace resolution as evidence he “supports women’s access to important fertility resources like IVF treatments.”
Laura Figueroa Hernandez is the White House correspondent and previously covered New York City politics and government. She joined Newsday in 2012 after covering state and local politics for The Miami Herald.
