Politics & Government

20-Week Abortion Ban Passes House With White House Approval

The bill faces serious obstacles in the Senate.

WASHINGTON, DC — With victorious applause, the House of Representatives passed a 20-week abortion ban bill by a vote of 237-189 this week. Though the legislation now faces steep odds in the Senate, President Trump has promised to sign the bill if it reaches his desk.

"The primary and overarching purpose of the American government is to protect the innocent among us," said Arizona Republican Rep. Trent Franks in a statement after the bill passed the House Tuesday night. "President Trump has signaled his strong support for this bill to protect thousands of innocent pain-capable human babies from torturous and agonizing death."

Passing the House of Representatives is only one step in the legislative process, though, and 41 Democratic senators can filibuster the bill on its way to the Oval Office. Without 60 votes — and Republicans only hold 52 — the bill cannot pass the Senate. (For more information on this and other political stories, subscribe to the White House Patch to receive daily newsletters and breaking news alerts.)

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Also See: An Anti-Abortion Congressman Reportedly Asked His Lover To Get One


But this rule isn't set in stone. Senate Republicans could, in theory, change the filibuster rules of the chamber, allowing them to pass dramatic legislation with a narrow majority vote.

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Franks endorsed this approach, telling Senate Majority Leader Mitch McConnell: "To allow Democrat proponents of abortion-on-demand throughout all nine months of pregnancy to use the arcane 60-vote Senate filibuster to prevent this bill from getting a fair up-or-down vote would be an over betrayal of innocent blood and the most fundamental failure of leadership."

However, Senate leadership has shown little enthusiasm for changing the filibuster rule for major legislation, despite the fact that it would make the party's agenda easier to pass.

Even if the bill became law, however, the bill would almost certainly face opposition in the courts. Since Roe v. Wade, the Supreme Court has upheld a relatively broad right for women to access abortion. Under the current makeup of the court, most observers believe the balance falls in favor of preserving the precedent. Justice Anthony Kennedy, who is frequently a swing vote on issues with a strong partisan divide, has voted in the past to uphold abortion rights.

"I would think, as long as Kennedy is on the Court, it would be struck down," Eric Segall, a law professor at Georgia State University, told Patch. Kennedy has previously ruled against legislation that puts an "undue burden" on women trying to access abortions.

"Prohibiting all abortions, except for rape, incest, and health of the mother, is certainly an undue burden on abortion," Segall said.

“It’s unfathomable that two days after the worst mass shooting in modern American history, with Americans clamoring for action to make our families safe, and millions of Americans in Puerto Rico living without electricity or safe drinking water, the GOP-led Congress would instead choose to prioritize this abortion ban that will place women at grave risk," said NARAL, a prominent group opposing restrictions on abortion. "Their complete disregard to govern in a way that matches the priorities of the American people is staggering."

It continued: "This bill is designed entirely to mollify an agitated base and avoid Donald Trump’s ire at the lack of legislative action under Republican leadership. It’s unsurprising that the anti-choice GOP would make women foot the bill.”

The National Right to Life, a group that opposes abortion, put out a statement praising the bill.

"This legislation has saved lives, driving out abortionists from states performing abortions on these babies," it said. "And this legislation has the power to speak to the people of this country, highlighting, that where this bill is not law, it is legal to kill these very developed unborn children."

"Nearly 99 percent of abortions in the U.S. occur before 21 weeks," said Planned Parenthood, a medical care provider that specializes in reproductive health, in a statement. "Often, abortions later in pregnancy involve rare, severe fetal anomalies and serious risks to the woman’s health."


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