Filibuster blocks Joni Ernst's bill to defund Planned Parenthood (updated)

U.S. Senator Joni Ernst’s bill seeking to end all federal funding for Planned Parenthood failed to reach the 60-vote threshold today to pass a cloture motion for proceeding to debate. Background and details on today’s vote are after the jump, along with the full text of the legislation and some Iowa political reaction to the Planned Parenthood funding controversy.

UPDATE: Added more comments from Senator Chuck Grassley. The Senate Judiciary Committee chairman is spearheading an inquiry into Planned Parenthood’s fetal tissue donation practices. Whereas Ernst would end all federal funding for Planned Parenthood immediately, Grassley appears open to continuing to fund the organization, depending on the findings from that investigation.  

Two Democrats joined 51 Republicans to support the cloture motion (roll call), while two Republicans and 44 Democrats voted “nay.” However, Mark Kirk of Illinois is the only GOP senator who genuinely opposes Ernst’s bill. Senate Majority Leader Mitch McConnell voted against cloture today “to preserve the option of bringing up the bill again” under Senate rules.

Ernst introduced the bill last week, saying she was disgusted by videos an anti-abortion group released, purporting to show that Planned Parenthood harvests fetal tissue to sell for a profit. (In fact, fetal tissue is donated only with the consent of the woman having an abortion, and the sales only cover a portion of the costs associated with the donation.)

Normally a bill would need to clear a Senate committee before reaching the floor, but Republican leaders “fast-tracked” Ernst’s legislation to capitalize on the publicity surrounding the videos and to give all senators a chance to vote on a defunding bill before the August recess.

The full text of the bill is below, along with statements from Ernst before and today’s vote and the Iowa Democratic Party’s comment on the legislation. I will update this post as needed with more Iowa political reaction.

Senator Chuck Grassley isn’t listed as a co-sponsor for Ernst’s bill, and I have not yet seen a statement from his office about the legislation, but he voted for today’s cloture motion. UPDATE: Added Grassley’s official comment below. He is taking a more nuanced position, calling for Congressional inquiries into whether Planned Parenthood is following the law on procurement of fetal tissue. My reading of his statement suggests that if an investigation showed Planned Parenthood to be in full compliance with the law, Grassley would support continued funding for the organization’s health services. No wonder he didn’t co-sponsor Ernst’s bill.

Of the four GOP senators who are also presidential candidates, three co-sponsored Ernst’s bill and voted for cloture today: Ted Cruz of Texas, Marco Rubio of Florida, and Rand Paul of Kentucky. Senator Lindsey Graham of South Carolina did not co-sponsor the legislation and missed today’s vote while campaigning in New Hampshire.

Planned Parenthood does not receive any federal funding for abortions. Ernst’s bill would cut off money that supports contraception services, well-woman care such as pap smears, and sexually-transmitted disease testing for women and men. Last week, Katie McDonough wrote about the potential impact in Iowa:

Here’s what that “huge victory for conservatives” would look like for people who get birth control, STI tests, pap smears, cancer screenings, and other preventative care from the organization’s clinics: Planned Parenthood’s affiliate clinics, around 700 nationally, see approximately 2.7 million patients every year.

In Iowa, Joni Ernst’s home state, there are 13 Planned Parenthood affiliate health centers. If the bill passed, Planned Parenthood of the Heartland-which oversees clinics in Arkansas, Iowa, Nebraska, and eastern Oklahoma-would lose all federal dollars.

These clinics saw 59,989 patients in 2014, according to the organization’s most recent annual report. More than half of those patients were at or below the federal poverty line. Contraception accounted for 45 percent of services provided by the clinics while STI screenings accounted for nearly a third. Abortion, which Senate Republicans have fixated on in the push to defund Planned Parenthood despite the fact that the Hyde Amendment bans federal funding for abortion, accounted for 2 percent of services provided. (Nine of the 13 Planned Parenthood affiliate clinics in Iowa provide abortion services. According to data from the Guttmacher Institute, 85 percent of Iowa counties had no abortion clinic, and 50 percent of Iowa women lived in these counties.)

Republicans maintain that the bill “would protect women’s access to medical services because the roughly $500 million in federal funding would be redistributed to other organizations, such as community health centers.” Last week, Ernst walked away from journalist Laura Bassett in the middle of her question about “whether community health centers can absorb Planned Parenthood’s patients.”

Although Planned Parenthood hasn’t been making a profit on fetal tissue sales, the controversy has provided a golden fundraising opportunity for politicians and advocacy groups on both sides of the abortion debate. Ernst’s Senate campaign operation sent out two e-mails within the past week soliciting donations to support her efforts to defund Planned Parenthood. I’ve also enclosed below the full texts of those appeals.

On a related note, fetal tissue “has historically played an important role in scientific research because of fetal cells’ ability to rapidly divide and adapt to new environments,” Sarah Kliff wrote in a good backgrounder on the Planned Parenthood controversy. Other donations of body parts can raise ethical dilemmas too. In a gut-wrenching guest editorial for the Des Moines Register, Ames mother Fern Kupfer described making arrangements to send her terminally ill son’s body away after his death, for medical research on his rare enzyme disorder.

I wonder what someone might think overhearing the many phone calls I made back then, arranging for an autopsy on my then still-living child? I wonder how I might have been judged as a mother, if I had asked the cost of shipping the body while enjoying a glass of red wine? […]

Yes, Planned Parenthood is involved in supplying human tissue for use in medical research. The aborted fetus would otherwise be discarded.

Yes, it is legal to use fetal tissue in medical research with the consent of the woman getting an abortion.

And by the way, yes, abortion is legal as well. […]

I’m writing this to stand up for Planned Parenthood and science and ethical decisions made by grown-ups. Life is complicated. Choices we make are often painful and personal.

I never had an abortion. But I once had a son. His name was Zachariah.

Any relevant comments are welcome in this thread.

Press release from July 28:

Senators Introduce Legislation to Defund Planned Parenthood, Safeguard Women’s Health Funding

Washington, D.C. – Following Senate Majority Leader Mitch McConnell’s (R-KY) announcement of a working group, today U.S. Senator Joni Ernst (R-IA) along with Senators Rand Paul (R-KY), James Lankford (R-OK) and 21 cosponsors introduced legislation to protect women’s health and defund Planned Parenthood, S.1881.  This legislation follows gruesome footage showcasing Planned Parenthood’s role in the harvesting of the organs of unborn babies.

Cosponsors of the bill include Senators John Barrasso (WY), Roy Blunt (MO), John Boozman (AR), Richard Burr (NC) Dan Coats (IN), Tom Cotton (AR) John Cornyn (TX), Ted Cruz (TX), Steve Daines (MT), Mike Enzi (WY), Deb Fischer (NE), James Inhofe (OK), Johnny Isakson (GA), Ron Johnson (WI), James Lankford (OK), John McCain (AZ) Mitch McConnell (KY), Jerry Moran (KS), Rand Paul (KY), David Perdue (GA), Pat Roberts (KS), Ben Sasse (NE), Tim Scott (SC), and John Thune (SD). Leader McConnell stated that the Senate will vote on this legislation before departing for an extended state work period next month.

In addition to defunding Planned Parenthood, this legislation ensures the preservation of Federal funding for women’s health services including relevant diagnostic laboratory and radiology services, well-child care, prenatal and postpartum care, immunization, family planning services including contraception, sexually transmitted disease testing, cervical and breast cancer screenings, and referrals.

Funds no longer available to Planned Parenthood will continue to be offered to other eligible entities to provide such women’s health care services.

“As a mother and grandmother, I find this footage of Planned Parenthood’s role in the harvesting of the organs of unborn babies morally reprehensible and vile,” said Senator Ernst. “The American people are horrified by these videos as well. Simply put, this legislation ensures that funding for women’s health is protected and that taxpayer dollars will not go to Planned Parenthood.”

“The calloused harvesting of body parts shows a complete disregard for human dignity. We cannot care more about animal cruelty than the inhumane treatment of children in the womb,” said Senator Lankford. “It is self evident that we should honor life and stand against the harvest of human organs.  If Planned Parenthood sold unique human organs to research labs, by definition they had to be unique human lives in the womb when they were aborted. It is time for federal taxpayer funding for Planned Parenthood to end and let community health centers use that funding to provide health care services for those in greatest need.”

“The horrendous videos of senior executives from Planned Parenthood discussing in callous tones and shocking detail their role in a national scandal requires a congressional response,” said Leader McConnell. “Our constituents demand it; the unborn deserve it. This legislation would ensure taxpayer dollars for women’s health are actually spent on women’s health-not a scandal-plagued political lobbying giant.”

“The video footage of Planned Parenthood executives continues to raise deeply troubling questions, and, like most Americans, I am appalled by the disturbing actions these videos describe,” said Senator Blunt.  “It is clear that Planned Parenthood is not the right place for any federal dollars.  We will ensure every dollar taken away from Planned Parenthood will go toward women’s health care through our community health centers and other providers.”

“We need to let Planned Parenthood know that the American people do not support these inhumane practices,” said Senator Coats. “I urge all Senators to support this bill and affirm that life is a sacred and precious gift that must be protected.”

“Words are limiting to try to express the moral shock we feel when confronted by behavior so abhorrent as selling dead baby body parts for profit,” said Senator Cotton. “But where words fall short I’m hopeful that we can be united in action: we must put an end to the federal funding of Planned Parenthood.  Arkansans’ and Americans tax dollars should not be supporting an organization that condones such activity. To truly honor the God-given rights to life and liberty enshrined in the Declaration of Independence and guaranteed by our Constitution, we should strive to guarantee those rights to the ones least able to defend themselves-the unborn.”

“Every member of the Senate and every member of the House should stand together and say: under no circumstances should federal taxpayer dollars, your money and my money, be sent to Planned Parenthood,” said Senator Cruz.  “I commend my colleagues for introducing this bill and am honored to stand with them in this important fight.  I hope we remain vigilant in preventing any group from engaging in this kind of horrifying practice.”

“The alarming footage in the Planned Parenthood videos depicts inexcusable, unconscionable behavior,” said Senator Daines. “These videos depict a disturbing practice as voiced by calloused Planned Parenthood executives, where the goal is protecting tissue over life and the harvesting of organs is the path to a new car. The federal government should not fund an organization with these appalling practices.”

“I am disgusted by these revelations and proud to join Senator Ernst in offering legislation to defund Planned Parenthood and put an immediate end to these horrific practices,” said Senator Fischer. “I am shocked at the lack of compassion for these women and their unborn babies.”

“The government should not be in the practice of funding Planned Parenthood or any abortions in the first place,” said Senator Isakson. “These videos that have come to light are incredibly disturbing, and we should launch an immediate investigation into this organization’s abhorrent activities. I will continue to fight to ensure Planned Parenthood does not receive another dime from hardworking taxpayers.”

“These gut-wrenching videos underscore the serious nature of the situation,” said Senator Purdue. “As a parent, and now grandparent, these actions are unthinkable. Planned Parenthood should not receive any federal funding, period. I will continue defending life and I join many Georgians and Americans in calling for an immediate investigation.”

“All life is precious, and to see it treated so callously by Planned Parenthood should make every American’s heart ache,” said Senator Scott. “Taxpayer dollars should not be funding anything remotely related to such activities, and I am proud to join Senator Ernst and my other colleagues as we take this necessary step towards defunding Planned Parenthood.”

“Recent reports have uncovered practices at Planned Parenthood that are both appalling and inhuman,” said Senator Thune. “We cannot stand idly by and allow federal funding to continue to flow to this organization.  This legislation will continue to give Americans access to needed health services without condoning this repugnant behavior.”

About the Legislation:

Prohibits federal funding of Planned Parenthood Federation of America or any of its affiliate organizations.

Protects federal funding for health services for women, including diagnostic laboratory and radiology services, well-child care, prenatal and postnatal care, immunizations, cervical and breast cancer screenings and more.

Ensures there is no reduction in overall federal funding available to support women’s health.

Click here to read the text of the S.1881.

                              S. 1881

   To prohibit Federal funding of Planned Parenthood Federation of

                               America.

_____________________________________________________________________

                  IN THE SENATE OF THE UNITED STATES

                            July 28, 2015

 Mrs. Ernst (for herself, Mr. McConnell, Mr. Paul, Mr. Lankford, Mr.

Blunt, Mr. Cornyn, Mrs. Fischer, Mr. Scott, Mr. Isakson, Mr. Coats, Mr.

Inhofe, Mr. Boozman, Mr. Enzi, Mr. Johnson, Mr. Thune, Mr. Sasse, Mr.

Barrasso, Mr. Roberts, Mr. Daines, Mr. Cruz, Mr. Perdue, Mr. Burr, Mr.

Cotton, Mr. McCain, Mr. Cassidy, Mr. Portman, Mr. Tillis, Mr. Rubio,

Mr. Vitter, Mr. Rounds, Mr. Wicker, Mr. Crapo, and Mr. Lee) introduced

          the following bill; which was read the first time

                            July 29, 2015

           Read the second time and placed on the calendar

_____________________________________________________________________

                                A BILL

   To prohibit Federal funding of Planned Parenthood Federation of

                               America.

   Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled,

SECTION 1. FINDINGS.

   Congress finds as follows:

           (1) State and county health departments, community health

       centers, hospitals, physicians offices, and other entities

       currently provide, and will continue to provide, health

       services to women. Such health services include relevant

       diagnostic laboratory and radiology services, well-child care,

       prenatal and postpartum care, immunization, family planning

       services including contraception, sexually transmitted disease

       testing, cervical and breast cancer screenings, and referrals.

           (2) Many such entities provide services to all persons,

       regardless of the person’s ability to pay, and provide services

       in medically underserved areas and to medically underserved

       populations.

           (3) All funds no longer available to Planned Parenthood

       will continue to be made available to other eligible entities

       to provide women’s health care services.

SEC. 2. PROHIBITION.

   (a) In General.–Notwithstanding any other provision of law, no

Federal funds may be made available to Planned Parenthood Federation of

America, or to any of its affiliates, subsidiaries, successors, or

clinics.

   (b) Rules of Construction.–Nothing in this Act shall be construed

to–

           (1) affect any limitation contained in an appropriations

       Act relating to abortion; or

           (2) reduce overall Federal funding available in support of

       women’s health.

                                                      Calendar No. 169

August 3 press release from Senator Joni Ernst’s office:

Sen. Ernst Pushes to Redirect Planned Parenthood Federal Funding to other Eligible Women’s Health Services

Monday, August 03, 2015

“I am committed to defending life, because protecting the most vulnerable is an important measure of any society… The American taxpayers should not be asked to fund an organization like Planned Parenthood that has shown a sheer distain for human dignity and complete disregard for women and their babies.”

WASHINGTON, D.C. – Today, U.S. Senator Joni Ernst (R-IA) delivered remarks on the Senate Floor in support of S. 1881 a bill to prohibit federal funding of Planned Parenthood Federation of America, in the wake of gruesome footage depicting Planned Parenthood’s role in harvesting the organs of unborn babies.

This legislation led by Senators Joni Ernst, James Lankford (R-OK), Rand Paul (R-KY), along with more than 40 co-sponsors redirects federal funding taken from Planned Parenthood to other eligible entities that provide health services for women, and guarantees that there is absolutely no reduction in overall federal funding available to support women’s health.

Senator Ernst released the following statement after today’s vote failed to proceed but received a majority of support, as well as bipartisan support, in the Senate:

“I want to thank my colleagues for their efforts to redirect federal funding taken from Planned Parenthood to other eligible entities that provide health services for women. The footage depicting Planned Parenthood employees discussing in gruesome detail the organization’s role in the harvesting of the organs of unborn babies is morally reprehensible and raises a number of questions that taxpayers deserve answers to. I will continue to press the Department of Health and Human Services to cooperate with all current and future investigations. I remain committed to getting these answers because protecting our most vulnerable is an important measure of any society.”

Senator Ernst recently led a bipartisan group of 49 of her fellow senators in a letter to the Department of Health and Human Services Secretary Sylvia Burwell. In the letter, the senators drew attention to the issues raised by the footage and called on HHS Secretary Burwell to cooperate with ongoing and future investigations into these questions. The senators are still awaiting a response from HHS.

Click here or on the image below to watch Sen. Ernst’s remarks on the floor.


August 3 press release from Senator Chuck Grassley:

Statement of Senator Chuck Grassley on the vote to redirect funding from Planned Parenthood.

“The questions surrounding Planned Parenthood’s role in the procurement of fetal tissue, in addition to questions surrounding the companies acquiring fetal tissue from the organization, is evidence of the need for oversight.  And, the Justice Department’s lack of response to my July 15 letter, certainly makes it appear that the department isn’t doing anything to ensure that organizations like Planned Parenthood are adhering to the law.  Today’s vote, which would have at least allowed the consideration of the underlying bill, was a vote to protect taxpayer subsidies for a private entity while serious questions are asked about that organization’s practices.  The bill, if enacted, would have ensured that funding remains available for other organizations to provide women’s health services while congressional inquiries regarding Planned Parenthood’s facilitation and procurement of fetal tissue are ongoing.”

July 30 fundraising e-mail from Joni Ernst for U.S. Senate:

Friend,

As a mother and a grandmother, I am appalled by the recent footage exposing Planned Parenthood’s role in the harvesting of the organs of unborn babies. All across the country, Americans are shocked by these horrific images and by the blatant disregard and lack of compassion for women and the babies.

For years, Congress has enabled this atrocious behavior by giving Planned Parenthood hundreds of millions of dollars in Federal funding.

Barack Obama and Liberal Democrats are Planned Parenthood’s biggest advocates. The so-called “non-profit” even contributed over $12 million on Obama’s re-election and spent heavily in key swing states. This truly is Washington at its worst.

That stops now.

I sponsored a bill to stop government funding for Planned Parenthood while redirecting those funds to other organizations that provide health services to women. Will you stand with me in supporting this measure?

Friend, I can’t do this alone. I need your support to stand for Life.

Join me in the effort to defund Planned Parenthood today.

Sincerely,

August 3 fundraising e-mail from Joni Ernst for U.S. Senate:

Friend,

As I said when I wrote you last week, I am appalled by the recent footage exposing Planned Parenthood’s role in the harvesting of the organs of unborn babies. That’s why I’m sponsoring a bill in the Senate that will defund Planned Parenthood and protect women’s health services.

The bill – which will come up for a vote tonight – is coming down to the wire.

Will you help me continue this fight by chipping in $10, $25, $50, or whatever you can afford?

Americans all across the country are shocked by these horrific images and by the blatant disregard and lack of compassion for women and the babies.  But liberals are fighting this legislation tooth and nail — and we need to match their messaging.

So please – join our fight to defund Planned Parenthood by chipping in whatever you can. No donation is too small.

Together we can make this happen.

Sincerely,

July 29 press release from the Iowa Democratic Party:

Statement from IDP Chair Dr. Andy McGuire on Ernst’s Bill to Defund Planned Parenthood

Des Moines-Iowa Democratic Party Chair Dr. Andy McGuire today released the following statement on the bill from U.S. Sen. Joni Ernst to defund Planned Parenthood health clinics:

“As a doctor, I understand that the quality, affordable health services provided by Planned Parenthood clinics throughout Iowa and nearby states allow nearly 60,000 women and men to meet their health care needs. By singling out this organization, Senator Ernst and her fellow Republicans are constructing economic and accessibility barriers to health care that will make it harder for women and families to lead healthy lives.”

August 3 press release from the Iowa Democratic Party:

IDP Statement on Senate Vote on Ernst’s Bill to Defund Planned Parenthood

DES MOINES – Iowa Democratic Party Chair Dr. Andy McGuire released the following statement today after U.S. Sen. Joni’s Ernst bill to defund Planned Parenthood facilities that service nearly 60,000 women and men in Iowa and nearby states failed to garner enough votes to proceed:

“Democrats believe women should be able to make their own health care choices without interference from politicians, and that health care should be as accessible and affordable as possible. As multiple reports have pointed out, Senator Ernst’s legislation would unnecessarily impose barriers on the ability of thousands of women and men in Iowa to access key health care services such as cancer screenings, birth control, and STD testing, often in medically underserved areas of our state. With our state’s family planning facilities already at the brink of their capacity levels, the last thing we need to do is make it harder for them to provide health care to Iowans. The Senate tonight rightly failed to move forward on a short-sighted bill that puts politics ahead of health care accessibility.”

SECOND UPDATE: From Senator Grassley’s office on August 4:

Grassley Pursues Inquiry into Planned Parenthood Fetal Tissue Transfers

Aug 04, 2015

WASHINGTON – Since media reports of videos describing in detail Planned Parenthood’s role in the harvesting of fetal tissue, Senator Chuck Grassley, Chairman of the Senate Judiciary, has opened an inquiry into the organization’s facilitation of activities described in the videos.  

Grassley previously made an inquiry to the Planned Parenthood Federation of America and more recently has requested information from each of the Planned Parenthood affiliates regarding each affiliate’s fetal tissue policies as well as copies of documents such as policies, presentations, guidance, and communications related to its facilitation of the procurement and distribution of fetal tissue.

He has also made inquiries to the three companies noted in the videos as acquiring fetal tissue from Planned Parenthood.  StemExpress, Advanced Bioscience Resources, and Novogenix were asked to provide the committee with information about items such as communications, contracts, revenue and costs associated with their involvement with Planned Parenthood and its affiliates.

Additionally, on Friday, Grassley requested from the Center for Medical Progress all videos and documents related to its fetal tissue investigation that may lawfully be provided to the committee.

In his initial inquiry on July 15, to Planned Parenthood President Cecile Richards, Grassley asked questions about the organization’s facilitation of the activities described in the video.  In a separate letter to Attorney General Loretta Lynch sent the same day, Grassley noted that the video shows Planned Parenthood’s Senior Director for Medical Services, Deborah Nucatola, discussing the statutory interpretation and intent of the Partial-Birth Abortion Ban.  He asked Lynch to provide the Judiciary Committee with a description of the actions taken by the Department of Justice to ensure compliance with the Partial-Birth Abortion Ban Act.

Planned Parenthood has hired an attorney to answer Grassley’s questions.  The Justice Department has not responded to Grassley’s questions.

Copies of Grassley’s letter to the Planned Parenthood affiliates  can be found here (the same letter was sent to all affiliates).  A copy of the letters to StemExpress, Advanced Bioscience Resources, and Novogenix can be found here.  A copy of the letter to the Center for Medical Progress can be found here.  Grassley’s July 15 letter to Planned Parenthood President Cecile Richards can be found here.  A copy of the letter to Attorney General Loretta Lynch can be found here.

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