2020 Congressional Record on Reproductive Freedom Government Relations Department 1725 I Street, NW Suite 900 Washington, DC 20006 202.973.3000 CONGRESSIONAL RECORD ON REPRODUCTIVE FREEDOM 116TH CONGRESS, 2ND SESSION NARAL Pro-Choice America’s 2020 Congressional Record For over 50 years, NARAL Pro-Choice on Reproductive Freedom documents the key House and Senate votes taken on this issue during the second session of the America has led the fight for repro- 116th Congress. 2020 was a difficult and challenging year. Congress and the ductive freedom for everyone, includ- country as a whole grappled with multiple intersecting crises: the Trump administration’s obstinate refusal to combat the ing the right to access abortion. COVID-19 pandemic, resulting in hundreds of thousands of deaths in the United States alone; an uprising led by racial justice leaders to drive a national reckoning around white supremacy, systemic racism, and racial violence; and a president who inten- NARAL Pro-Choice America is powered tionally attacked the foundation of our democracy — our right to vote — by spreading disinformation about the electoral process by our 2.5 million members—in every in an effort to hold on to power regardless of the will of the people. These events laid bare the work that still needs to be state and congressional district. done so that our families and communities can thrive. NARAL Pro-Choice America believes that there can be no reproductive We represent the more than 7 in 10 freedom without freedom from tyranny and oppression and we are working with our allies to fight for that ultimate goal. Americans who believe every person In the face of Republican control of the White House and Senate, the Democratic majority in the House of should have the freedom to make the Representatives highlighted its progressive priorities by passing multiple pieces of legislation that would advance civil best decision for themselves about if, rights and gender equity. Early in the year, the House passed a joint resolution removing obstacles to the ratification of when, and how to raise a family. the Equal Rights Amendment, demonstrating a commit- ment to end discrimination against, and ensure full equality for, women. In an historic first, the House voted in favor of statehood for the District of Columbia, a necessary first step to ensure full rights and representation for DC residents. As a 2020 CONGRESSIONAL RECORD ON REPRODUCTIVE FREEDOM 1 state, DC would finally be able to eliminate barriers to repro- Supreme Court, passed away. Despite the fact that the elec- ductive healthcare imposed by Congressional Republicans tion was already underway, Trump, McConnell, and Senate who have long restricted abortion access in the nation’s Republicans made a power grab to cement a conservative capital. The House also passed the Pregnant Workers Fairness supermajority on the Supreme Court, illegitimately ramming Act to end employment discrimination based on pregnancy, through the confirmation of anti-choice Amy Coney Barrett. despite a last-minute attempt by anti-choice Republicans to Republicans made their misplaced priorities very clear: they allow religious employers to refuse to comply with the law. value their ideology and power over the health, well-being, Unsurprisingly, the Republican-controlled Senate did not take and will of the American people. Justice Ginsburg was a fear- up any of these bills. less champion for equality and justice, including reproductive freedom, and we honor her legacy by continuing our fight for This year, the House also took the lead on several much- the rights and freedoms she worked to advance. needed COVID-19 relief packages, which included NARAL priorities such as paid leave and sick time. However, further While there is a tremendous amount of work still to be Democratic efforts were thwarted by Republicans’ continued done, 2020 ended on a better note. Voters turned out in insistence on putting ideology over the health and well- historic numbers to make their voices heard and elect Joe being of people across the United States. On one end of the Biden and Kamala Harris. Across the country, voters chose spectrum, Senate Republicans exploited the urgency of the leaders who respect reproductive freedom and who will pandemic response to insert in one bill an expansion of a protect safe and accessible abortion care. As we continue to discriminatory abortion coverage restriction at a time when face the COVID-19 pandemic and confront entrenched white lawmakers should be focused on expanding access to health- supremacy, President-elect Biden and Vice President-elect care. On the other end, Senate Republicans simply refused to Harris will prioritize fact-driven policy and the health and well- take up additional relief legislation, letting COVID-19 continue being of Americans, using evidence rather than an ideological to ravage people’s lives, health, and economic security. agenda to guide their decision-making. As we begin to undo the harm done by the Trump administration, we take heart in The Senate started this year, as it has the last several years, the fact that the Biden-Harris administration has made clear by attacking reproductive freedom. Republican leader Mitch its commitment to protecting and advancing reproductive McConnell held votes on a nationwide ban on abortion after freedom. This win brings us one step closer to making sure 20 weeks and on a bill that would insert politicians into family that reproductive freedom is a reality for every body. decisions. Although it was clear from the start that both bills would fail on procedural votes, the anti-choice Senate wanted to broadcast its priorities. And as they have for the entirety of the Trump administration, anti-choice senators continued to green-light Trump’s takeover of the federal judiciary by helping him stack the courts with judges hostile to reproduc- tive freedom. Instead of addressing the pandemic, Republicans allowed Trump to appoint more than 220 judges in one term — a record that has not been met for several decades. The battle over the independence and impartiality of the federal judiciary came to a head this year when the incom- parable Ruth Bader Ginsburg, associate justice of the U.S. 2 NARAL PRO-CHOICE AMERICA 2020 CONGRESSIONAL RECORD ON REPRODUCTIVE FREEDOM 3 VOTE DESCRIPTIONS SENATE 1. Brasher Confirmation. Vote to confirm anti-choice nominee 7. McGlynn Confirmation. Vote to confirm anti-choice Andrew Brasher to the U.S. Court of Appeals for the Eleventh nominee Stephen P. McGlynn to the U.S. District Court for Circuit. Confirmed 52-43. A vote for reproductive freedom (+) the Southern District of Illinois. Confirmed 55-41. A vote was against confirmation. (2/11/20). for reproductive freedom (+) was against confirmation. (9/16/20). 2. Political Interference in Family Decisions: Motion to End Debate. Born-Alive Abortion Survivors Protection Act, S.311. 8. Barrett Nomination: Motion to End Debate. Motion to Motion to invoke cloture (end debate) on the motion to invoke cloture (end debate) on the nomination of anti- proceed to the Sasse (R-NE) bill to interfere with the medical choice nominee Amy Coney Barrett to the post of associate practice of abortion care under the threat of severe penalties. justice of the Supreme Court. A simple majority is required Three-fifths of the Senate (60 votes) is required to invoke to invoke cloture on nominations. Cloture motion passed cloture on legislation. Cloture motion failed 56-41. A vote for 51-48. A vote for reproductive freedom (+) was against reproductive freedom (+) was against cloture. (2/25/20). cloture. (10/25/20). 3. 20-Week Abortion Ban: Motion to End Debate. Pain-Capable 9. Barrett Nomination: Confirmation. Vote to confirm anti- Unborn Child Protection Act, S.3275. Motion to invoke choice nominee Amy Coney Barrett to the post of associate cloture (end debate) on the motion to proceed to the Graham justice of the Supreme Court. Confirmed 52-48. A vote (R-SC) bill to ban abortion after 20 weeks nationwide. Three- for reproductive freedom (+) was against confirmation. fifths of the Senate (60 votes) is required to invoke cloture on (10/26/20). legislation. Cloture motion failed 53-44. A vote for reproduc- 10. Crouse Confirmation. Vote to confirm anti-choice nominee tive freedom (+) was against cloture. (2/25/20). Toby Crouse to the U.S. District Court for the District of 4. Walker Confirmation. Vote to confirm anti-choice nominee Kansas. Confirmed 50-43. A vote for reproductive freedom Justin Reed Walker to the U.S. Court of Appeals for the (+) was against confirmation. (11/17/20). District of Columbia. Confirmed 51-42. A vote for reproduc- tive freedom (+) was against confirmation. (6/18/20). 5. Wilson Confirmation. Vote to confirm anti-choice nominee Cory T. Wilson to the U.S. Court of Appeals for the Fifth Circuit. Confirmed 52-48. A vote for reproductive freedom (+) was against confirmation. (6/24/20). 6. Dugan Confirmation. Vote to confirm anti-choice nominee David W. Dugan to the U.S. District Court for the Southern District of Illinois. Confirmed 55-41. A vote for reproductive freedom (+) was against confirmation. (9/16/20). 4 NARAL PRO-CHOICE AMERICA 2020 CONGRESSIONAL RECORD ON REPRODUCTIVE FREEDOM 5 2020 SENATE VOTES Brasher Confirmation Political Interference in Family Decisions: Motion to End Debate Abortion Ban: Motion 20-Week to End Debate Confirmation Walker Wilson Confirmation Dugan Confirmation McGlynn Confirmation Barrett Nomination: Motion to End Debate Barrett Nomination: