There were a couple of pieces of legislation yesterday that came from places more than 1,000 miles apart, but that had two things in common: (1) they are about abortion, and (2) they will never, ever become law.
First up is a bill that was actually passed by the U.S. House of Representatives. It is called the Born-Alive Abortion Survivors Protection Act, and it says that healthcare providers must provide the "same degree of professional skill, care, and diligence" to an infant born alive after an attempted termination as they would to any other infant. The vote on the bill broke along party lines, excepting one Democrat who crossed the aisle (Henry Cuellar of Texas), and one who voted "present" (Vicente Gonzalez of Texas).
This bill is absolutely meaningless, for two reasons. First, it solves a "problem" that does not exist. The phenomenon in question is vanishingly rare, and when it does happen, healthcare providers already provide the "same degree of professional skill, care, and diligence" as any other infant receives. Put another way, despite GOP talking points to the contrary, there is no situation in which doctors execute newborns, either through direct action or through neglect.
The other reason the bill is meaningless is that it has absolutely no chance of getting past the Senate. The legislation managed to get one Democratic vote in the House. There's no way it gets the 7 Democratic votes (minimum) that would be needed to overcome a filibuster in the Senate. And even if the filibuster goes the way of the dodo, the bill would still be in trouble, thanks to Lisa Murkowski, Susan Collins, and a couple of other GOP members who lean pro-choice.
We will also add that, although we follow American politics closely, we have no idea what House Republicans are trying to accomplish here. Again, the point is to make a statement to anti-choice voters. Very well, but what is the point of making such a statement in January of 2025? Is there anyone, other than hard-core folks who are already 100% in the bag for the Republicans, who is going to remember this in November 2026? Seems to us like the time for stunts like this is spring or summer of next year, not winter of THIS year.
With the other bill, meanwhile, we understand the timing a little better. This one is out of Mississippi, and is courtesy of state Sen. Bradford Blackmon (D). The title is "Contraception Begins at Erection Act," and the bill makes it a criminal act for "a person to discharge genetic material without the intent to fertilize an embryo." Put another way, it would criminalize masturbation and any sexual act undertaken for any purpose other than procreation.
Perhaps the minds of the media have been pickled by the extremism that is characteristic of the MAGA movement. Whatever the case may be, many outlets played this news straight, reporting on it as if the bill is a serious attempt to legislate, and discussing why it's unlikely to be adopted. It is NOT a serious attempt to legislate; it's a satirical take on bills like... the one the House of Representatives passed yesterday. As we note, we understand the timing here, because the Mississippi legislature has short, and often irregular, sessions. So, a legislator has to strike when they can.
The lesson here seems pretty evident to us. Abortion did not play quite as big a role in 2024 as expected. Nonetheless, it looks like it's going to be a core issue in 2026. (Z)