Pro-abortion U.S. representatives last Wednesday filed a “discharge petition” in an attempt to force Speaker Kevin McCarthy to hold a vote on the Women’s Health Protection Act (WHPA), which would restore access to abortion to what it was prior to the fall of Roe v. Wade.
The WHPA had been deemed “destined to fail” by media outlets as it aims to allow abortion through all nine months of pregnancy, up until the moment of birth, as Roe and Doe achieved through a loosely-defined “health of the mother” loophole. It would also wipe out any state-level protections for preborn children that have been enacted since the Supreme Court overturned Roe in June 2022, and prohibit states from passing any additional laws to protect preborn children prior to so-called “viability.” Viability is typically viewed to occur at about 24 weeks gestation, though with medical advancements in the last few decades, babies born as young as 21 weeks have survived. In addition, abortionists who are left to determine “viability” say it is not merely determined by gestational age, but by other arbitrary factors of their choice as well.
The WHPA would also eliminate conscience protections, thereby forcing healthcare professionals to participate in abortions against their will under the threat of losing their jobs.
Pro-Choice Caucus Chairs Diana DeGette (D-Colo.) and Barbara Lee (D-Calif.), along with Rep. Judy Chu (D-Calif.) filed the discharge petition, and House rules state that if a discharge petition is signed by 218 members of the House, it must immediately be brought before the full House for a vote.
“If my colleagues on the other side of the aisle aren’t willing to stand up for the people they represent, then we must,” DeGette, co-chair of the Congressional Pro-Choice Caucus, said on the House floor Wednesday when announcing the decision to file the petition. “We may not have the majority in this chamber, but there is no doubt that we have the majority of Americans on our side in this fight. Now is the time to end the devastation that too many Americans have already experienced. Now is the time to let the American public know exactly where every member of this chamber stands.”
Lee claimed that “the American people have made their support for reproductive rights clear.” However, national polling shows otherwise. A 2022 Marist poll found that 71% of Americans support significant restrictions on abortion, including limiting abortion to the first trimester, prohibiting taxpayer-funded abortion, prohibiting the mail order of the abortion pill, and upholding conscience protections for pro-life doctors and medical staff.
Likewise, a recent NPR poll found that most Americans continue to support restrictions on abortion. According to the poll, “Two in three Americans want significant restrictions placed on abortion. 66% say abortion should only be allowed, at most, within the first three months of pregnancy.” The poll also found that only 22% of Americans believe abortion should be available at any time throughout pregnancy — which is what the WHPA aims to accomplish.
Now that it has been filed, the petition will remain open for members to sign and if it reaches 218 signatures, the WHPA will be called up for a vote.
