Senator Bob Casey of Pennsylvania, a Democrat who has long described himself as anti-abortion rights, said on Tuesday that he would support the bill, potentially leaving Mr. Manchin as the lone Democratic holdout. Mr. Casey voted in February to consider the bill, but indicated for the first time that he supported the legislation itself.
Democrats have revised their bill to widen its appeal.
Since the vote in February, Democrats have tried to make their bill more palatable to moderate lawmakers in both parties.
The State of Roe v. Wade
Card 1 of 4What is Roe v. Wade? Roe v. Wade is a landmark Supreme court decision that legalized abortion across the United States. The 7-2 ruling was announced on Jan. 22, 1973. Justice Harry A. Blackmun, a modest Midwestern Republican and a defender of the right to abortion, wrote the majority opinion.
What was the case about? The ruling struck down laws in many states that had barred abortion, declaring that they could not ban the procedure before the point at which a fetus can survive outside the womb. That point, known as fetal viability, was around 28 weeks when Roe was decided. Today, most experts estimate it to be about 23 or 24 weeks.
What else did the case do? Roe v. Wade created a framework to govern abortion regulation based on the trimesters of pregnancy. In the first trimester, it allowed almost no regulations. In the second, it allowed regulations to protect women’s health. In the third, it allowed states to ban abortions so long as exceptions were made to protect the life and health of the mother. In 1992, the court tossed that framework, while affirming Roe’s essential holding.
What would happen if Roe were overturned? Individual states would be able to decide whether and when abortions would be legal. The practice would likely be banned or restricted heavily in about half of them, but many would continue to allow it. Thirteen states have so-called trigger laws, which would immediately make abortion illegal if Roe were overturned.
They stripped out a lengthy series of findings, including passages that referred to abortion restrictions as “a tool of gender oppression.” Also scrapped was a section clarifying that while the bill referred to women, it was meant to protect the rights of “every person capable of becoming pregnant,” including transgender men and nonbinary individuals.
But both Ms. Collins and Ms. Murkowski have indicated that they are still opposed and pressing their own alternative. Mr. Schumer said Democrats would not compromise on the substance of their bill.
A narrow Republican alternative would provide limited protections.
Last February, Ms. Collins and Ms. Murkowski introduced their own bill, the Reproductive Choice Act, which they describe as codifying Roe v. Wade. The bill is only three pages long and was written without the consultation of reproductive rights groups, according to representatives from those organizations.
The legislation is simple: It would declare that states cannot impose an “undue burden” on the ability to choose whether to terminate a pregnancy before fetal viability, borrowing key language from the Casey decision.
But reproductive rights advocates have said it leaves too much unsaid and lacks clear guidance about what states can and cannot do, leaving vital decisions in the hands of courts that have become increasingly hostile to abortion rights. The measure does not explicitly rule out abortion bans before a fetus is viable or bar any specific prohibitions on abortion methods.