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Floor Speech

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Mr. DURBIN. Madam President, 51 years ago today, our Nation's highest Court issued a ruling that protected a woman's right to make the most fundamental choice in her life. Roe v. Wade enshrined into law that in America, women would have legal autonomy over their own bodies.

As a result of the constitutional protections in Roe, America's women took a giant step forward toward gender equity: being afforded the right to choose whether, when, and how to start a family.

But after nearly 50 years of progress, in June 2022, this Supreme Court overruled Roe in its Dobbs v. Women's Health Organization ruling, taking women's rights back half a century.

The Dobbs decision was a win for extreme conservative activists who waged a relentless campaign to capture the Supreme Court and overturn Roe v. Wade, but it was a tragic loss for women in America.

Take the case of Kate Cox, a married woman, mother of two, from Texas. Kate was elated to learn that she was pregnant with her third child. However, tests revealed that her baby had trisomy 18, a genetic condition that is almost always fatal very soon after birth. The prognosis was grim. Moreover, carrying the child could damage Kate's future fertility for another child.

Kate and her husband made one of the hardest decisions. They made the decision to go forward with an abortion. But in Texas where they live, it is illegal in nearly all circumstances. The Cox family hoped that the exception in Texas law for the life and health of the mother would allow her to terminate this ill-fated pregnancy.

Shockingly, it did not. Although a State court judge initially ruled that Kate could obtain an emergency abortion, Republican Texas Attorney General Ken Paxton immediately took legal steps to block Kate from receiving the care that she needed.

In addition to appealing the trial court's decision to the Texas Supreme Court, Attorney General Paxton sent a letter to hospitals and doctors, warning them that anyone involved in performing an abortion for Kate would face civil and criminal liability.

The Texas Supreme Court, controlled by Republicans, joined in the rule against Kate. She was forced to leave her home State and go across State lines to terminate the pregnancy.

Let's take the case of Brittany Watts, a 34-year-old from Ohio. Brittany was arrested after miscarrying in her bathroom. Thankfully, just 2 weeks ago, a grand jury with empathy, common sense, and reason declined to indict her, understanding that miscarriages are devastating and extremely common, a pregnancy outcome that women should not be punished for.

But in a post-Roe America, these are the horrific situations that women and the doctors who provide them care often face. Republican politicians in States like Texas and Ohio have made it clear they do not trust the judgment of women and their families in these matters.

But even amidst this devastation unleashed by Dobbs, Democrats continue to fight for women. In our home State of Illinois, we have become an oasis for women in an area that otherwise would be left without abortion options. New data shows the number of women traveling to our State of Illinois for abortions rose nearly 50 percent in 2022, and we experienced the largest increase of any State in the number of patients traveling out of State for abortions last year. Remember, in each and every case, there is the cost and burden of travel as a part of this calculation.

Our commitment to reproductive health has real-world impacts. In June of 2022, Margaret from Cook County, IL, lost her son. She was devastated. But one thing that made the experience less painful was living in a State that respected her right to make healthcare decisions privately with her doctor. Only a week after Margaret lost her son, Roe was overruled, throwing women's bodily autonomy and reproductive freedom in States across the country into real uncertainty but, fortunately, not in Illinois.

Margaret wrote to my office and said:

I cannot stress how awful it was to lose a child I loved so much, but how glad I was to be in Illinois when this devastating thing happened.

We are proud to be a State that fights for women. But there are consequences to blue States meeting increased demand for abortion care.

More than 28 million women of reproductive age live in States where abortion is banned, unavailable, or restricted--28 million American women living in those States. When thousands of women are forced to go out of State to get an abortion, it increases wait times for people in blue States, and it puts enormous stress on providers and clinics. Moreover, not every woman is able to afford the trip, find childcare, and take time off to travel to another State. This creates inequities for those who are trying to access safe and legal abortion.

One thing is clear: Dobbs does not stop abortion. In fact, the numbers show us quite the opposite has happened. The data shows that in the year following the Dobbs decision, abortions actually increased nationwide. Moreover, public opinion polls show that the majority of Americans still support abortion rights. And from the States of Kansas to Kentucky, in every State where it has been put on the ballot, abortion and the rights of women to make these choices remains a winning issue.

Republicans may continue to attack women's rights and freedoms, but these unpopular, dangerous policies will catch up with them.

Let's not be naive. From trying to outlaw medication abortion--even in States where abortion is legal--to challenging a Federal law that requires access to reproductive care in emergencies is a reality.

Antiabortion activists continue trying to chip away at women's reproductive rights and healthcare, and they are not going to stop. That is why we must pass the Women's Health Protection Act, enshrining the woman's right to choose into Federal law. It is the right thing to do.

I urge my colleagues to swiftly stand up for women in this country.

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