Senate Dems, Republicans clash over federal IVF protections: ‘They’re covering their a—s’

Senate Republicans pointed to Alabama's recent law to protect in vitro fertilization (IVF) providers from civil and criminal liability as proof of states' capacity to self-correct and the reason Democrat-led federal legislation to protect the fertility procedure isn't necessary.

"Basically every state I know of supports IVF," said Sen. Bill Cassidy, R-La., a doctor.

Other Republican senators who spoke to Fox News Digital agreed.

Following a controversial decision by Alabama's Supreme Court ruling frozen embryos were legally children, the state's legislature quickly sprung into action to protect IVF. Several clinics conducting IVF shut down their procedures after the court's decision, but once the state passed a law releasing them from liability, some of the centers began to reopen. 

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Cassidy cited Alabama's fast legislative work in his explanation against federal legislation on IVF. 

"Once you get the federal government involved, it's going to open the door to some mischief that goes far beyond what you originally wanted to," he said. 

"The issue that brought this debate was happening in Alabama, and they've dealt with it in legislation," added Sen. Marco Rubio, R-Fla. 

According to Rubio, a larger conversation is necessary "about what's right and appropriate and legal and protected when it comes to discarding the extra human embryos that are not going to be used."

"It's legal in all 50 states," said Sen. Rick Scott, R-Fla., who introduced a resolution this week affirming support for IVF. 

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Scott's resolution expresses support for IVF and families looking to expand but doesn't carry the weight of a bill or make changes to the law. 

Sen. Tammy Duckworth, D-Ill., who spearheaded a bill to enshrine protections for IVF into law, slammed the resolution.

"They're covering their a---s," Duckworth said of her Republican colleagues. "That's what they're trying to do. A resolution doesn't do anything." 

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Duckworth attempted to force a vote last week on her IVF bill, asking for unanimous consent to move it to the floor. However, Sen. Cindy Hyde-Smith, R-Miss., objected to it. 

Duckworth said Republicans had not been approaching her to negotiate a potential bipartisan measure either. 

And its unclear whether Democrats would be willing to make concessions to work with their Republican colleagues on a bill. 

"The Duckworth bill is a perfect bill," said Sen. Tim Kaine, D-Va. "Her bill is just a person has a right to access IVF, and a provider has a right to provide IVF. It's not a mandate. It just protects the patient, protects the provider."

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Scott notably didn't rule out legislation to protect the procedure in the future. 

"I think we're gonna do everything we can to make sure it continues to be legal," he said. 

Other Republicans similarly left the door open. 

A federal bill to protect the fertility procedure is "certainly a discussion we can have, but at this point it's protected in every state," said Sen. Ted Cruz, R-Texas. 

"If it ever became an issue, I would consider it," added Sen. Mitt Romney, R-Utah. "But there's not a state in the country that does not protect IVF."

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According to Romney, it doesn't require "federal addressing at this stage."

"If there was a point there needed to be federal action on it, I would definitely be supportive," agreed Sen. Markwayne Mullin, R-Okla. 

"I believe that way Alabama handled it was good."

A number of Democratic senators were critical of their GOP colleagues' claims federal protections aren't needed now. 

"I think that's wrong," claimed Sen. Tina Smith, D-Minn. "Absolutely, we need to protect people's capacity to access" IVF. 

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Sen. Elizabeth Warren, D-Mass., expressed skepticism over Alabama's new law, telling Fox News Digital legal scholars believe "it raises as many questions as it answers."

"Without the protection of Roe v. Wade, the states can do what the Alabama court did and effectively end IVF in the state," she warned. 

According to Warren, if congressional Republicans were "truly committed to protecting IVF," they would be in favor of a bill to do so federally. "But, so far, they are not." 

Texas law banning drag performances in front of children ruled unconstitutional by federal judge

The Texas law dubbed the "Drag Ban" that restricted "sexually oriented performances" in the presence of a child or on public property was ruled unconstitutional on Tuesday by a federal judge, who issued a permanent injunction barring state officials from enforcing it.

Senate Bill 12 was signed by Republican Gov. Greg Abbott in June and was set to go into effect Sep. 1 but was blocked after being challenged by the American Civil Liberties Union (ACLU), which filed a lawsuit against the law last month.

In his ruling, U.S. District Judge David Hittner said the law was "an unconstitutional restriction on speech," and that it "violates the First Amendment as incorporated to Texas by the Fourteenth Amendment of the United States Constitution."

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The ruling further ordered Republican Texas Attorney General Ken Paxton and other state officials to not enforce the law.

According to one of the definitions in the law, a "sexually oriented performance" means a visual performance that features "a male performer exhibiting as a female, or a female performer exhibiting as a male, who uses clothing, makeup, or other similar physical markers and who sings, lip syncs, dances, or otherwise performs before an audience" and "appeals to the prurient interest in sex."

Critics have referred to the law as a "drag ban," though its author and supporters claim it was proposed and signed into law to protect children.

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The ACLU filed its lawsuit in U.S. District Court in the Southern District of Texas in Houston, and claimed the law "unconstitutionally singles out drag performances as a disfavored form of expression." It also asserted that several terms are not defined or are written in a way that targets protected expression.

Drag was described in the lawsuit as an "art form" that is "inherently expressive," and has no set standard. "As with any art form, there is nothing inherently sexual or obscene about drag," the lawsuit read. "Drag can be performed for any age level and in any venue, since drag artists tailor their performances to their audience."

Fox News Digital has reached out to Paxton's office for comment.

Fox News' Greg Wehner contributed to this report.

Cuomo facing impeachment votes from majority of NY Assembly if he doesn’t resign: report

If New York Gov. Andrew Cuomo doesn’t resign following the state attorney general’s report this week that found the governor had sexually harassed 11 women, a majority of state assembly members are reportedly prepared to start impeachment proceedings.