Mr. President, I appreciate my colleague from Washington and the question posed because it is exactly part of the concern we have. I was home in Nevada just recently, and I am very proud Nevada is a pro-choice State. Our providers are…
Mr. President, I appreciate my colleague from Washington and the question posed because it is exactly part of the concern we have. I was home in Nevada just recently, and I am very proud Nevada is a pro-choice State.
Our providers are concerned. There is a chilling effect when they are hearing other States that are literally criminalizing--looking to pass laws to criminalize providers for providing healthcare and a woman traveling across State lines.
What I hear from my providers is we want to help women. We want them to come to our State, but if their State is going to pursue legislation or criminalize or penalize or prosecute us or a private citizen can come after us from that State, then we are having second thoughts about this because they do not want to be embroiled in some sort of litigation. That is part of this.
I think it is so important. Thank you for the question because that is exactly what their intent is.
These anti-choice States--individuals who are taking away the liberty and freedom of women are also utilizing this chilling effect, this threat, this scare tactic for providers, employers, and anyone else who wants to help women to get to States where they can seek this healthcare that they need. That is the challenge we see. That is why this law is so important because it is having an impact on our providers in these legitimate choice States like ours who want to provide this healthcare.
I ask unanimous consent to speak for up to 10 minutes prior to the scheduled vote.
Mr. President, I rise today, along with my colleagues, and I want to thank my colleagues, Senators Murray, Whitehouse, and Gillibrand, for their good work with me on the legislation we are talking about today, which is the Freedom to Travel for Healthcare Act.
As you have heard from my colleagues and as we know in the past few months, we have seen women's right to choose taken away in States around the country overnight.
Less than 3 weeks ago, the Supreme Court explicitly overturned Roe v. Wade, depriving women of a right they held for 50 years. When the Court decided Dobbs v. Jackson Women's Health Organization, it repeatedly insisted that its holding would, ``return the issue of abortion to the people's elected representatives'' in the States. Forget women, forget women's rights, but let's give it to the politicians.
As a result, in 18 States, abortion is either effectively banned or will be within 30 days. Ultimately, around half of States are expected to get rid of most or all abortion services within their borders.
In the face of these profound restrictions on reproductive health services, American women, who are able to do so, have had to travel to States, like mine, that still protect the women's right to choose.
Thanks to a 1990 referendum, Nevada has enshrined the right to choose in statute in my State. That is why we are already seeing women make their way to Nevada to get the healthcare that they need and they deserve.
But radical anti-choice policymakers have been emboldened by the Supreme Court decision and its discord and its shocking disregard for precedent. Yet they are not satisfied with a country where abortion is only banned in half the States.
We know now they are working to introduce legislation in Congress to ban abortion nationwide. And until they can pass it, they want to stop women from traveling for critical care and to punish people who support these women.
Anti-choice State legislators in Missouri, Texas, and Arkansas have said they want to pass bills to fine or prosecute women who travel for healthcare and do the same to providers who offer abortion services and the many employers who have said they will support their employees who need to seek reproductive care in another State.
Let me be specific about this because this is devastating already to so many, including in my State.
In Missouri, a State legislator has repeatedly introduced legislation that would allow private citizens to sue those who help Missouri citizens receive out-of-State abortion services.
In Texas, State legislators have said they will introduce legislation to ban businesses that help employees travel
to receive abortions. They have also written cease-and-desist letters to companies like Lyft, Citigroup, and even law firms to tell them to stop helping employees who seek abortion out of State.
In Arkansas, a State senator has called for a law targeting businesses helping employees travel for care.
Let's not forget South Dakota because the Governor of South Dakota refused in an interview to rule out laws that target women who travel for abortion.
But we are not done yet because we also know that some anti-choice groups are actively pushing for such bans. The Thomas More Society, an extremist anti-choice group, is working on draft legislation. Its vice president told the Washington Post:
Just because you jump across a state line doesn't mean your
home state doesn't have jurisdiction. It's not a free
abortion card when you drive across the state line.
The National Association of Christian Lawmakers, an anti-abortion organization led by Republican State legislators, is also reported to be working on similar legislation modeled after the Texas law.
There is no doubt in my mind that some States are going to continue to move forward with these kinds of legislation.
I want to note that, quite frankly, some of my colleagues on the other side of the aisle have tried to have it both ways for years, insisting that the right to choose was safe--in my State, they have done it--at the same time they supported increasingly extreme limits to it. We even heard nominees testify that they would follow Supreme Court precedent, including Roe and Casey. Yet now we all know those reassurances were all false. We have seen women's reproductive rights eroded steadily for decades, and we know that anti-choice activists won't stop. This is a form of gaslighting, to keep insisting that American women will be able to get care when we know that anti-choice legislators and groups are working to stop them from doing so.
What legislators are doing across the country to restrict women from traveling is just blatantly unconstitutional. They constrain the fundamental constitutional right to travel, they are anti-woman, they are anti-business, and they are anti-provider.
Let me just say, merely proposing this legislation, merely talking about civil action or prosecuting a woman or a provider or even an employer who helps a woman to travel, is having a chilling effect.
In my State, they are already seeing that these proposals are having a chilling effect on my providers, who are worried about offering quality abortion care in the face of potential lawsuits. In Montana, reproductive health clinics are even limiting care to instate residents only. Imagine traveling hundreds of miles for essential healthcare, only to be turned away for fear of a lawsuit.
That is why I and my colleagues have introduced this bill to make it crystal clear: States cannot and must not prosecute women who travel across State lines for critical reproductive care.
Our legislation also protects healthcare providers in destination States and anyone who helps women travel for the care they deserve, from businesses to taxi drivers, to doctors.
Today, we are calling to pass this legislation. If my colleagues on the other side of the aisle believe in States' rights and the liberty of freedom for women in this country, they should support this bill. If they believe in the fundamental right of all Americans to travel, they should support this bill. If they fail to protect women who travel for healthcare and those who support them, then they need to go on record for the American people to explain why.
I will tell you what. It is not enough to stand there and say that somehow this legislation is a fly-in abortionist legislation. My colleague from Montana failed to read this legislation. And fearmongering at this point in time when women's fundamental rights are being eroded in this country is not the answer that women and so many Americans in this country now need.
What we need is for people to recommend and support and identify with the freedoms that this country brings to all of us, whether you are a woman or a man in this country. This is about the right to choose and make those decisions for women. It is a fundamental right. It is an important right. It is our healthcare and our decision. We are 50 percent of this population, and we deserve to be treated equally.
With that, as if in legislative session, I ask unanimous consent that the Judiciary Committee be discharged from further consideration of S. 4504 and the Senate proceed to its immediate consideration; further, that the bill be considered read a third time and passed and the motion to reconsider be considered made and laid upon the table with no intervening action or debate.
Mr. President, I would ask for 5 minutes to respond.
Mr. President, I do appreciate my colleague from Oklahoma coming here to talk. I disagree with his argument, but I do appreciate his profound belief in what he is saying.
I think it is ironic that the issue here before us is really a States right issue. It is exactly what Justice Alito did in the Dobbs case and referred this issue to the States to make that decision, and all my legislation says is, respect my State. We are a choice State. We have made that decision as a State, and if women want to travel to my State to seek services and my providers want to provide those services and employers want to help women travel, then let the States do that. We shouldn't be impeding on those decisions.
So it is kind of ironic. I hear my colleagues talking about, in this case, let's take the emotion out of it, except when they want to put emotion into the issue, or let's take the emotion out of it when it is not convenient for the arguments they are making.
Let me also address a couple of things because now I have learned from some of my colleagues, really, the argument they are going to start making is that somehow this legislation is flying in abortions, which it absolutely is not. It is a States rights issue. And nobody is flying into my State to provide healthcare. The actual healthcare is already there.
The other thing I have heard, which is actually very offensive to me and I think to so many, is that somehow this is trafficking women. Well, let me tell you about trafficking. I know trafficking. I wrote the law to prevent sex trafficking and sexual exploitation in the State of Nevada for so many who were being sexually exploited across this country, to hold predators accountable, to make sure that they can become survivors. This is not trafficking. And for anyone to stand up and say that it is has a complete misunderstanding. And quite honestly, I will welcome you to the fight about human trafficking in this country and sexual exploitation of women and children across the country. That is so offensive. But I am not surprised because in this day and age, unfortunately, some of these radical ideas coming out of this Congress miss what is happening across this country.
A majority of Americans in this country support the right of women to choose because you know why? I don't know what it is like to step in their shoes and walk in their shoes and nor do you, nor does anyone here. I shouldn't impose my beliefs, my religion, my ideas on what they should do for their lives. None of us should. That is the freedom in this country. That is who we are when we stand for freedoms and liberties. It doesn't mean we get to pick and choose those freedoms and take away the rights of the very individual because we believe differently or our religion thinks that we should do differently. That is what we do when we come into this Congress and we all work together to the benefit of everyone and not erode their rights and their future and their opportunities. That is what this is about.
This legislation is very simple. Let's protect those freedoms. Let's make sure we protect those States rights and allow women, healthcare providers, and employers to actually support and help one another in this country. That is what this legislation does. To say otherwise is misconstruing, it is fearmongering, and a continuing erosion of the debate of the constitutional rights and the American rights in this country right now. And that is the problem with Congress.
I yield the floor.