On May 2, 2022, someone leaked an initial draft of a Supreme Court decision that would overturn the 1973 abortion legalization case, Roe v. Wade. Pro-abortion Senators acted swiftly. By Tuesday night, Sen. Richard Blumenthal (D-CT) had reintroduced the Women’s Health Protection Act under a new bill number, S. 4132. The original bill lost, 46-48 in the Senate last February, with six Senators not voting; this is his second version of the bill in this Congress.

On Wednesday, Senate leadership used Rule XIV to bypass Senate committees and put the pro-abortion Women’s Health Protection Act directly on the Senate Calendar; Senate Majority Leader Chuck Schumer (D-NY) announced that he would file a procedural motion (Cloture) that readies the legislation for a full Senate vote on Wednesday, May 11.

If passed, this legislation would override all state legislation (Sec. 4). It establishes a “statutory right” of any and every health care provider to offer abortion services, and an equal “right” by any patient to receive abortion services—with no restrictions (Sec 3). It overrides laws requiring waiting periods, sonograms, or information about the development of babies in utero. It eliminates laws that require those performing abortions to have privileges at a local hospital, or for abortion clinics to meet basic medical regulatory requirements. It eliminates restrictions related to fetal viability. Sec. 6(b) even states there is a “constitutional right to terminate a pregnancy….”

UPDATE: On Wednesday, May 11, 2022, the procedural vote to allow consideration of the Women’s Health Protection Act failed. In the Senate, 49 supported it and 51 opposed it. Republicans opposed to the legislation were joined by Sen. Joe Manchin (D-WV). This petition was archived in the wake of the Dobbs decision that overturned Roe v. Wade on June 24, 2022.