Madam President, in the weeks since the Alito-Thomas Supreme Court majority erased the constitutional right to abortion, the rightwing disinformation machine has kicked into high gear. Again and again, we hear the same empty words of…
Madam President, in the weeks since the Alito-Thomas Supreme Court majority erased the constitutional right to abortion, the rightwing disinformation machine has kicked into high gear. Again and again, we hear the same empty words of reassurance from the Republican side. They claim that overturning Roe simply handed the question of abortion back to the people's representatives, back to the States--just that simple.
This is false, and they know it. The reality is overturning Roe has unleashed a healthcare crisis in this country. It has ripped a right to make essential healthcare decisions away from the people and their doctors and handed it to the politicians in individual States.
As soon as Roe was overturned by the Alito Supreme Court, nearly a dozen States outlawed abortion.
In Ohio, abortion access is so restricted that we have heard this horrible, bone-chilling story of a 10-year-old rape victim who was denied care in the State of Ohio. Ten years old, Madam President. At the age of 10, parents and grandparents are still worried about 10- year-old grandkids crossing the street. This 10-year-old victim had been raped. She was pregnant.
The State's law in Ohio only permits abortions before fetal cardiac activity is detected, which is usually at 6 weeks of gestation. At the time this 10-year-old child sought care, she was 6 weeks and 3 days pregnant. She missed the deadline. So the child was forced to flee her home State of Ohio and travel to Indiana, where she was given medical care.
And from the moment this story made headlines, what was the response from Republican politicians and the conservative media? They said it was fake news; that it is a hoax. They accused the doctor who treated the girl of just plain lying. They said that Democrats were making up these doomsday scenarios to scare the American people. The Wall Street Journal--the Wall Street Journal, Madam President--even ran an editorial calling the story ``Too Good to Confirm.''
But unthinkable and sickening as it may be, the story is true. So why did Republicans go to such great lengths to discredit it? Because they refused to admit the truth. When faced with a case that shows the extreme consequences of outlawing abortion, as the Supreme Court just did weeks ago, they dismissed the facts as a lie.
Well, here is the truth. Republican anti-choice policies will force children--children who are still not old enough to cross the street on their own--to give birth. Ten years old. And Republicans are not content with simply banning all abortion. They want to prosecute the healthcare professionals who have to make the life-and-death decisions in the practice of medicine--healthcare professionals like the one who treated this little girl from Ohio.
Just last week, Indiana's Republican attorney general declared he was going to investigate this doctor from Indiana who provided this abortion. Well, what were his grounds for investigating? He claimed that the doctor didn't properly report the abortion to State authorities. But even that isn't true. Records show the doctor followed the law exactly as it is written.
How did we reach this point? It has not even been a month since the Dobbs decision, and Republican officials are already finding ways to intimidate doctors who are providing essential care to Americans and America's children. The radical rightwing majority on the Supreme Court has given these lawmakers a green light to enact the most unreasonable, outrageous abortion bans imaginable.
And as cruel as these bans may be, they cannot change the reality that reproductive healthcare is healthcare. In some cases, an abortion can mean the difference between life and death.
The moment politicians start meddling in life-or-death health decisions, the moment we turn over these life-or-death decisions to a legislator rather than to a doctor and a patient, we are headed down a dark, dangerous, and deadly road.
Here is what is happening. Right now, there is a doctor in America, today, who is being forced to make an impossible decision: Do I risk jail time, do I risk criminal charges by providing the care that I believe my patient needs, or do I sit back and risk my patient's life and health from pregnancy complications?
What a choice. Do you want to make that as an elected official? I am not competent to make that choice. I am a lawyer--liberal arts. I didn't spend a day in medical school. When it comes to the people I care about--my family and others--I want medical professionals to make that decision, not run-of-the-mill politicians.
Last week, the Texas attorney general filed a lawsuit against President Biden's administration. What was the reason? Because the administration issued guidance making it clear that healthcare providers are legally protected when offering legally mandated life- or health-saving services in emergency situations.
Think about that. Texas would rather allow women to risk their health--even death--than allow them to seek emergency lifesaving care.
And, yesterday, the New York Times--and I commend this article to everyone--reported that miscarriage patients in Texas are being turned away by doctors. These women are being denied care because ``doctors . . . worried the patients might have actually taken abortion pills that hadn't expelled the pregnancy, two situations that appear medically identical.''
One San Antonio based ob-gyn put it best when she said:
[T]he art of medicine is lost and actually has been replaced by fear.
This is the world we have entered after the fall of Roe. And it is a wake-up call for every Member of this Senate. Don't turn your eyes away from it. This is the reality of the Supreme Court decision.
Our constitutional rights should not, and cannot, differ State by State. For 50 years, this was a fundamentally constitutional guaranteed freedom. And it needs to be protected again by Federal law.
I don't think this Court is going to stop with overturning Roe. I commended to all my colleagues, there was a speech made last Thursday by Senator Kaine of Virginia. Before he was in politics, he was a civil rights lawyer. And he is a good one. And he explained the 14th Amendment and what it means if we were to take the Alito Court analysis and basis and reject the notion that the 14th Amendment defines our citizenship in so many different ways.
Justice Clarence Thomas has indicated the far right majority is coming next for the right to family birth control and contraception.
Oh, that can't be true, Senator. They aren't going to go after birth control pills--watch them; they have already announced they are underway--and marriage equality and making our decisions about the future of our families.
This Senate must act to protect marriage equality and all the fundamental human rights that are under threat by this radical Supreme Court. The question, though, when November comes around, will the American people care, or will they take a nap? Will they decide it is somebody else's problem? Well, I hope they don't because these problems are really facing all of us as Americans, whether we like it or not. We would rather not talk about this issue, but the Supreme Court gives us no choice.
Now, let's be sensible. These are medical decisions that should be made by medical professionals.