Democrats look to put Republicans in a bind on IVF

Senate Democrats are trying to put Republicans in a bind as Senate Majority Leader Chuck Schumer (D-N.Y.) plans to hold another vote on in vitro fertilization access this week, a move that comes after former President Trump’s call for insurance companies to cover such treatments divided his supporters. 

Democrats have felt the wind at their back on the subject for months, and Trump’s call is prompting a second vote on the same bill in a matter of months.

“As you probably noted, abortion and choice were leadoff topics in the debate, and former President Trump went to great lengths to assert himself as a champion of IVF, which came as a surprise to many people,” Senate Majority Whip Dick Durbin (D-Ill.) said. “I think it’s important to give a record vote on the issue. This is going to be a major issue in the campaign.” 

“It’s just the issue du jour, so I don’t take that very seriously,” Durbin said, putting it in the same category as Trump’s call to eliminate taxes on tips.

Trump and Republicans for months have tried to rebuff the Democratic narrative that the GOP doesn’t support IVF. They are also quick to note that the trigger for the nationwide IVF discussion was a court in Alabama — not any GOP-led legislature — and that the state’s Republican-led Legislature almost was quick to pass a legislative fix.

But that hasn’t stopped Democrats from tying IVF in with their months-long push on reproductive rights that has tripped up Republicans.

“It’s interesting that IVF is even an issue because Republicans have always been for more babies,” Sen. Markwayne Mullin (R-Okla.) said. “Republicans didn’t start this.” 

Only two Republicans — Sens. Susan Collins (Maine) and Lisa Murkowski (Alaska) — voted with Democrats in June when Sen. Tammy Duckworth’s (D-Ill.) proposal came to the floor, and senators are widely expecting a similar outcome next week. 

Nevertheless, some Democrats see Trump’s latest stance as an opportunity to gain ground on the idea of mandating coverage for IVF treatments with Republicans in the chamber and believe the former president could be the pick to unlock support, even if it doesn’t change the vote count next week

“Donald Trump coming out of the blue and saying this is something he supports might give us that opportunity,” Sen. Tim Kaine (R-Va.) said.

While that opportunity almost certainly won’t be in the coming days, it could be the case if Trump wins in November — and at first blush, many Republicans are not shunning the idea of mandating insurance coverage of the practice in some way shape or form. 

In fact, a number of Republicans from across the ideological spectrum are signaling openness to the possibility, though they caution that it all comes down to how any specific bill is written.

“I’ve thought about this. I agree with President Trump. It’s an expensive medical procedure,” said Sen. Shelley Moore Capito (R-W.Va.), a member of GOP leadership. “It’s something that bears looking into.”

The likes of Sens. Kevin Cramer (R-N.D.), Eric Schmitt (R-Mo.) and Mullin — all ardent Trump backers — believe the idea is prudent and that it is a fight worth having if the ex-president once again occupies the White House. 

“I’m very open to that. I’d be a hypocrite if I wasn’t. I think most of us feel that way,” Cramer said, cautioning that the Senate GOP conference has not discussed Trump’s call en masse or the expected vote since they returned from the August recess last week. 

However, there are some Republicans who have made clear they are less than enthused with a government or insurance mandate.

Sen. Lindsey Graham (R-S.C.) indicated he does not back the plan “because there’s no end to that” and pressed that he would prefer a means-tested tax credit instead. 

Sen. Thom Tillis (R-N.C.) told reporters this week he is a “little bit hesitant” on the idea of a mandate, especially as Congress stares down the expiration of the 2018 tax cuts and must deal with those more immediately before dealing with how to pay for this type of IVF coverage. 

As leaders know, it’s a point of contention in the conference. 

“The mandate part of it is … a challenging issue for lots of reasons,” said Sen. John Thune (R-S.D.), who is running to become the top Senate Republican next year. “Not the least of which, what it does to insurance costs. We put a lot of mandates on insurance companies as it is already. We’ll have, I assume, a fairly robust conversation about that.” 

Democrats, though, are not holding their breath — especially when it comes to Trump during the height of election season. 

“I think they’re all waiting for Trump to tell them what to do,” Duckworth told The Hill, likening it to the bipartisan border security deal he helped kill. “I don’t think any of them are willing or brave enough to go out on their own on this.”