Blumenthal Urges Action to Protect Reproductive Rights at Judiciary Committee Hearing on Post-Roe America

[WASHINGTON, D.C.] – Today, U.S. Senator Richard Blumenthal (D-CT), a member of the Senate Judiciary Committee and lead Senate sponsor of the Women’s Health Protection Act (WHPA), called for action to protect reproductive rights and abortion access at the Committee’s hearing titled, “A Post-Roe America: The Legal Consequences of the Dobbs Decision.” After last month’s Supreme Court decision in Dobbs v. Jackson Women’s Health Organization eliminated the right to an abortion and the freedom of women to make their own healthcare decisions, Blumenthal discussed the urgency for action.

“I’ve traveled around the state of Connecticut to clinics, visiting providers in Waterbury, New Haven, New London, Hartford, and as much as I have felt their aguish and anger, their fear about the future, I’m also impressed by their resilience and their resolve to continue providing these essential health care services,” said Blumenthal. “I commend President Biden for moving forward with protections and urge, again, that he declare a national emergency. We truly face an emergency every bit as dire as the opioid epidemic and COVID crisis, which had prompted declarations of emergency in the past.”    

While Connecticut has enshrined the protections of Roe v. Wade into law, millions of Americans across the country now live in a state where abortion is illegal. With patients and providers threatened with criminal prosecution following the Dobbs decision, Blumenthal noted those seeking reproductive healthcare “will come to states like Connecticut” which “provides protections unparalleled, as far as I know, among any state so far in the country.”     

“States like Connecticut and Illinois face an impending surge of women seeking their rights – health care rights, reproductive rights, human rights – in our states. What we face is unprecedented costs to our health care system, to the providers and clinics. What would you recommend, and I understand resources may be a part of it, that the federal government do to help those states that face this impending crisis?” Blumenthal asked Illinois Lieutenant Governor Juliana Stratton, a witness at today’s hearing.

Stratton encouraged the Department of Justice to challenge the Dobbs decision, and said Congress should eliminate the Hyde Amendment and its restrictions that prevent patients from accessing care. Citing the need for both administrative action by President Biden and legislative action by Congress, Stratton said: “People will die. And that is just the fact. And we are seeing that already. We know that the action of this administration cannot be unilateral. So I thank you for your leadership on the Women's Health Protection Act. We need to make sure that the administration works with Congress to pass additional abortion protections and get the Women's Health Protection Act passed and signed into law, codifying a right to reproductive freedom.”  

Video of Blumenthal’s remarks is available here. The full text of Blumenthal’s remarks and exchange with Stratton is copied below.

U.S. Senator Richard Blumenthal: I'm with you, Mr. Chairman and hope you can hear me and that the witnesses can hear me. I want to begin by thanking every one of them for being with us today. And I apologize that I'm with you remotely. This hearing has been enlightening.

I want to just begin by saying that in the last few weeks I’ve traveled around the state of Connecticut to clinics, visiting providers in Waterbury, New Haven, New London, Hartford, and as much as I have felt their aguish and anger, their fear about the future, I’m also impressed by their resilience and their resolve to continue providing these essential health care services. Connecticut fortunately, decades ago, enacted a law that enshrines Roe v. Wade. I helped to lead that effort in the 1990's, and consequently Connecticut has been confident of those rights over these times. But now we face at the federal level the same challenge and I'm helping to lead the effort on the Women's Health Protection Act which would incorporate Roe v. Wade into our statutes.

Let me just say very bluntly, any senator, any person who says they are in favor of choice should be in favor of the Women’s Health Protection Act. Senators who say they are pro-choice should vote in favor of the Women's Health Protection Act. Unfortunately no Republican voted in favor of it the last time we had a vote just months ago. And that is truly one of the ways to protect reproductive rights. 

We also have other legislation pending, such as Senator Hirono’s bill, privacy of medical records, the rights of travel, the House will be hopefully voting this week on some of those steps. But in the meantime I commend President Biden for moving forward with protections and urge, again, that he declare a national emergency. We truly face an emergency every bit as dire as the opioid epidemic and COVID crisis, which had prompted declarations of emergency in the past. And I urge that President Biden, as we said to him in a letter recently, declare that emergency.

Just very bluntly, I was so impressed by the Illinois Lieutenant Governor's testimony that we face a future rife with needless death. The plain fact is that Dobbs is a death sentence for many women around our country. And they will come to states like Connecticut, which has moved forward in a path here with the Reproductive Freedom Defense Act. It provides protections unparalleled, as far as I know, among any state so far in the country, although a number have enacted Roe protections such as Illinois and Delaware and others, either by statute or executive order. Connecticut has gone further by creating rights of action for individuals who are pursued by bounty hunters to claw back the costs. It has said in effect it will not cooperate with extradition attempts or other kinds of criminal enforcement attempts by Texas or Oklahoma or other states that have laws. And actually it will be probably about 26 of them.

But here's my question to Lieutenant Governor Stratton. States like Connecticut and Illinois face an impending surge of women seeking their rights – health care rights, reproductive rights, human rights –in our states. What we face is unprecedented costs to our health care system, to the providers and clinics. What would you recommend, and I understand resources may be a part of it, that the federal government do to help those states that face this impending crisis?

Illinois Lieutenant Governor Juliana Stratton: Thank you Senator, for that question. Let me begin by saying that I hope you are well and on the road to recovery. A full and complete recovery. This administration, the Biden-Harris administration, should explore all of the available tools at its disposal to the broadest extent that they can under the law to protect access to abortion. This administration must also challenge the Roe decision through the Department of Justice guidance and protections, and through as much administrative action as possible.

As you mentioned, Senator, this is a national health crisis. It is not going to work. We have seen the chaos that has happened and it's not going to work with everyone doing their own thing. People will die. And that is just the fact. And we are seeing that already. We know that the action of this administration cannot be unilateral.

So I thank you for your leadership on the Women's Health Protection Act. We need to make sure that the administration works with Congress to pass additional abortion protections and get the Women's Health Protection Act passed and signed into law, codifying a right to reproductive freedom. Eliminate the Hyde Amendment restrictions because we know that that also prevents people from getting access to care. And passing and signing into law the EACH Act to make sure health insurance will cover through federal funds, health coverage will be available. And then, of course, each of these laws must be implemented.

So it is, again, a call to make sure that everything is done. As I mentioned in my remarks which you have, my opening remarks, we have also talked about creating some sort of hub so that there can be some sort of coordination among states to make sure that women, that people, Americans are getting the health care that they deserve and need.

Blumenthal: Thanks for that answer. In the couple moments I have left let me just emphasize that we need a kind of reproductive rights or health care triage right now facing the tremendous burden that states like Illinois and Connecticut, which provide a kind of safe harbor, will face going forward with our providers and clinics. Every one of the measures you just mentioned and more need to be explored. Particularly a public health emergency declaration which would enable more resources under Medicare, Medicaid be provided because resources will be so very important.

So I thank you for your leadership. I believe that women who are residents of safe harbor states like Connecticut will be assured by the resolve of our governor and our legislature that they will stay true to course. But we must prepare to provide this essential right to women around the country who will come to our states and make sure that we have the resources to fill the gap. Thank you so much, Mr. Chairman.

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