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." 

Alabama Sen. Tommy Tuberville refers former CIA head Michael Hayden to Capitol Police

Sen. Tommy Tuberville, R-Ala., alerted Capitol Police on Tuesday to what he called a "politically motivated assassination" from former CIA and NSA Director Gen. Michael Hayden, with expectations the police will protect congressional members and bring "criminals to justice."

Earlier Tuesday, Hayden tweeted that he was, "surprised to wake up this morning and discover MAGAnuts had lost their minds over my suggestions that ‘Coach’ Tuberville not be considered a member of the human race."

The tweet was a direct response to comments he made the night before.

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When one social media platform X user asked if Tuberville should be removed from his committee, Hayden responded, "how about the human race?" The comment appeared to be in response to the senator’s decision to continue his hold on military nominations over the Pentagon’s abortion policy — which has left hundreds of leadership positions unfilled.

The policy pays for Department of Defense (DoD) personnel's out-of-state travel for reproductive services, including in-vitro fertilization and abortion.

A spokesperson for Tuberville told NBC News last weekend the senator had no intention of ending his hold amid the terrorist attacks by Hamas against Israel.

Hayden has called Tuberville out in previous social media posts, including one in September, when a social media user asked if it was "wrong" to call Tuberville a "racist."

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"I have aphasia. Sometimes my meaning isn’t clear. What I meant to say is Tuberville absolutely is a racist. Or, in other words, it is not wrong to say he is a racist," Hayden replied.

Tuberville responded on social media to statements made by Haden most recently.

"This morning, my office was made aware of a statement made by General Michael Hayden calling for a politically motivated assassination. This statement is disgusting, and it is repugnant to everything we believe in as Americans," Tuberville said. "Given General Hayden’s long career in Washington, he must have known that, by making such a statement, he was committing a serious crime. His own efforts today to reinterpret what he said are only a tacit admission of guilt.

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"If we still have a nonpolitical justice system in this country, then General Hayden will be prosecuted to the fullest extent of the law. My office has reported this incident to the Capitol Police, and I expect that they will once again do an excellent job protecting members of Congress and bringing criminals to justice," he added.

Tuberville continued by saying he was not aware of any congressional Democrats who condemned Hayden’s statement, and that Democrats have "only continued to attack" him by name on Tuesday.

"Sadly, General Hayden is just the latest in a long line of Washington Leftists who have engaged in reckless rhetoric against me over the past few months," Tuberville wrote. "This must stop, and it must stop now."

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Tuberville called Hayden out for presiding over "some of the biggest failures" in American intelligence history, linking him to intelligence flaws with the 9/11 attacks, and lack of weapons of mass destruction in Iraq.

He also said Hayden lied about Hunter Biden’s laptop so that Joe Biden could be elected as president.

"Both of these lies tore our country apart and did enormous damage to the fabric of our republic. General Hayden is in no position to criticize anyone as his credibility was completely destroyed long ago," Tuberville said. "I am a conservative and a Republican, but above all, I am an American who cares about this country and is deeply concerned for its future. I am not a politician, and when I came to Washington, I did not expect to be popular among the clown show; but I certainly did not expect to be lied about on the Senate floor and threatened by former government officials like Michael Hayden.

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"Anyone who actually cares about our country must go on the record and condemn his reckless statements," he added.