With assists from POLITICO’s Congress team

SENATE GOP: WE SUPPORT IVF – BUT NOT FEDERAL PROTECTIONS FOR IT

Senate conservatives are signaling they’ll block Wednesday’s planned Democratic bid to enshrine protections for in-vitro fertilization into federal law – and they’re calling IVF a states-rights issue.

Sen. Tammy Duckworth (D-Ill.) is planning to seek unanimous consent to pass her proposal to federally protect IVF, which means any one senator can easily block its passage. This isn’t the first time she’s brought up her bill — Sen. Cindy Hyde-Smith (R-Miss.) objected when Duckworth tried to pass it unanimously in 2022.

But Duckworth’s bill is surging back to the forefront as Republicans face uncomfortable questions about an Alabama Supreme Court ruling restricting IVF.

Hyde-Smith’s office did not respond when asked if she would object again to Duckworth’s bill, and the GOP senator ignored Capitol hallway questions from reporters, as is her usual practice. Other Republicans are already expressing reservations about the bill, though – meaning its chances at slipping through the chamber are slim, at best.

“I don’t see any need to regulate it at the federal level,” said Sen. Roger Marshall (R-Kan.), an OB-GYN by trade, who would not say whether he’d block the bill. “I think the Dobbs decision puts this issue back at the state level, and I would encourage your state legislations to protect in-vitro fertilization.”

“It’s idiotic for us to take the bait,” said Sen. J.D. Vance (R-Ohio), who clarified he was referring not to Duckworth’s bill on its face but to Democrats’ attempts to use the proposal as an IVF messaging tool. Vance said he’s not yet reviewed the actual bill.

Regardless, Republicans’ hesitation over the IVF protection bill highlights their election-year jam: Democrats will continue trying to tie them to the Alabama ruling, which has shut down IVF facilities in the state.

And GOP statements supporting IVF — as the Senate Republican campaign arm and several candidates put out last week — might fall flat with voters if Democrats can point to specific instances when their opponents failed to protect the procedure. Exhibit A: Speaker Mike Johnson, who recently issued a statement supporting IVF but has previously supported legislation that could restrict access to the fertility tech.

Plus, some GOP lawmakers will have a hard time insisting that states should enforce IVF protections, given their previous pushes for a federal abortion ban. That includes Sen. Lindsey Graham (R-S.C.), who spoke to reporters in defense of IVF on Wednesday, quipping that “nobody’s ever been born in the freezer.”

Graham has not yet said whether he’ll object to the Duckworth bill.

“The Dobbs decision said that abortion is not part of the Constitution, and they said we’re sending the issue back to the states, and I think that’s where it belongs,” said Sen. John Kennedy (R-La.).

“I believe that the people of Alabama – either themselves or through their legislature – will get something worked out that they’re comfortable with, but I do support fertility technology,” Kennedy added.

Some exceptions: Of course, not all Republican senators believe IVF protection is a matter for the states. It’s no surprise, but Maine Sen. Susan Collins — one of the few Republicans who supports abortion access — supported the idea of federally protecting IVF.

“My hope is that either Alabama’s going to fix this very promptly or we pass federal legislation,” Collins said, adding she’s “completely open” to federal protections.

It’s not yet clear if Senate Democratic leadership will schedule the IVF bill for a floor vote if the unanimous passage attempt fails on Wednesday. Senate Majority Whip Dick Durbin (D-Ill.) on Tuesday told Inside Congress he wants Duckworth to have “every opportunity” to ensure her bill becomes law.

— Ursula Perano and Daniella Diaz, with an assist from Burgess Everett

GOOD EVENING! Welcome to Inside Congress, the play-by-play guide to all things Capitol Hill, on this Tuesday, Feb. 27, where this is the cutest thing we’ve seen today.

FOUR BILLS NEARLY DOWN … AND A LONG WAY TO GO

Congressional leaders who are racing to lock down the specifics of a smaller funding package acknowledged on Tuesday that they’ll likely need more time to finish the much bigger and more complicated set of eight spending bills that expire on March 8.

Those eight measures fund the Pentagon and most non-defense programs, comprising the vast majority of the discretionary federal purse. And they will offer myriad opportunities for policy disputes like those that tripped up the first four spending bills set to expire on Saturday.

Top lawmakers said Tuesday they appeared to be nearing a resolution on those four measures, which would fund the departments of Agriculture, Energy, Veterans’ Affairs and Transportation.

“I think we’re in better shape than people realize,” said Collins, the top Republican appropriator in her chamber. She said the text of some spending bills could be posted in the next 24 to 48 hours.

“In general, we’re making good progress,” she said. When asked if Republicans are starting to drop some of their demands for poison pill provisions, she added, “I’m not going to go into the specifics of what has happened. But I think everyone is eager to avoid a government shutdown.”

The true test: Other bills, like the Homeland Security spending measure set to expire after March 8, aren’t in such great shape, Collins admitted. With a partial government shutdown approaching Saturday, it’s easy to forget that congressional leaders have yet to focus fully on the much more complex slate of annual spending bills that expire next week.

But those measures will be the real test of whether the still-new speaker and other congressional leaders can work together to fully fund the government, already five months into the fiscal year.

Some lawmakers are already bearish that appropriators will finish work this year. Kennedy, a senior appropriator, said “you’ve been dipping into the ketamine stash” if you’re expecting Congress will be able to pass all 12 funding bills, even over the next month. “It’s not going to happen.”

Homeland hell: The Homeland Security spending bill is in a particularly bad spot, thanks in part to the collapse of the Senate’s border security deal and House Republican demands for action on their own conservative border legislation.

Connecticut Sen. Chris Murphy, the top Democrat on the Homeland Security spending panel, expressed pessimism about meeting the March 8 deadline for his measure.

“I’m not confident,” he said Tuesday. “The riders that House Republicans are insisting on are ridiculous. We’re not going to rewrite immigration law on appropriations bills … I hope we’ll get there by March 8.”

Soft deadline is now: House Republicans like to abide by their promise to give lawmakers 72 hours to read through bill text before voting on final passage. And 72 hours from the next shutdown deadline is … tonight.

But any text almost certainly won’t be ready by tonight, even if congressional leaders strike a deal, according to people familiar with the talks. So there’s still a possibility of a partial shutdown.

— Caitlin Emma and Daniella Diaz, with an assist from Jennifer Scholtes

DEM LEADERS GETTING IN ARRAY

House Democrats are scheduling their next leadership election on March 20, looking to fill the Assistant Democratic Leader slot vacated by Rep. Jim Clyburn (D-S.C.), according to a letter sent Tuesday to lawmakers.

Right now, Rep. Joe Neguse (D-Colo.), is unopposed for the job, which was created at the end of last Congress when Clyburn stepped down from his position as whip.

If Neguse wins, the caucus could hold an election to fill his current job as the chair of their messaging arm. Reps. Debbie Dingell (D-Mich.), Lauren Underwood (D-Ill.) and Veronica Escobar (D-Texas) have all signaled their interest in that spot.

— Nicholas Wu

HUDDLE HOTDISH

Warriors coach Steve Kerr made the rounds on Capitol Hill.

Some Congress experts are workshopping alternatives to the congressional “Big Four.” Molly Reynolds has our unwieldy favorite.

Our photo of the day.

QUICK LINKS

State of suspension: Lawmakers gripe about fast-tracked bills under Johnson, from Victor Feldman at CQ Roll Call

“A season of service”: Why Hill Harper left showbiz for a longshot Senate bid, from Michael Jones at Once Upon A Hill

Nancy Mace pitches bill with nonbinding IVF protections, from Alice Miranda Ollstein

GOP impeachment investigators subpoena DOJ for Biden classified docs records, from Jordain Carney

Stabenow threatens to block new farm bill this year over GOP demands, from Meredith Lee Hill

Johnson commits to avoiding shutdown during White House meeting, from Burgess Everett, Eli Stokols and Olivia Beavers

TRANSITIONS

Michael Taggart has joined Ferox Strategies as director of government affairs. He most recently was policy director for the House Energy and Commerce Committee.

AJ Manandic is now press secretary for Rep. Young Kim (R-Calif.). She previously was an account executive at Rokk Solutions.

Rachel Weiss is now a senior adviser for external affairs at CMS. She previously was VP of advocacy for health care at Arnold Ventures and is an HHS alum.

Robert Julien is now legislative director for Rep. Sylvia Garcia (D-Texas). He most recently was comms director for Sen. Bob Menendez (D-N.J.).

Mike Quickel is joining Hollier & Associates as a partner. He previously was policy director for Senate Finance Committee ranking member Mike Crapo (R-Idaho).

Jon Stivers is the new U.S. director for the Committee for Freedom in Hong Kong Foundation. He most recently was the minority staff director for the House China Committee.

TOMORROW IN CONGRESS

The House and Senate are in session.

WEDNESDAY AROUND THE HILL

2 p.m. Rep. Marjorie Taylor Greene (R-Ga.) is hosting a press conference on legislation to provide protections for nonviolent political protestors. (House Triangle)

4:15 p.m. Chair of the Congressional Black Caucus Steven Horsford and other CBC members will host a press conference on artificial intelligence (Al) technologies in Black America. (House Triangle)

7:00 p.m. Speaker Mike Johnson will hold a ceremonial swearing-in for Rep.-elect Tom Suozzi. (H-217)

TRIVIA

MONDAY’S ANSWER: Charlie Juhl correctly answered that Sen. Steve Daines and Rep. Victoria Spartz were the first members of Congress to visit Ukraine after Russia’s invasion.

TODAY’S QUESTION, from Charlie: On March 1, 1954, four Puerto Rican nationalists led by Lolita Lebrón stood in the House Gallery, took out three German Lugers and one rapid-fire pistol, and fired down onto the floor full of representatives waiting to vote. During the attack, this speaker took the time to gavel the session to a stop, say, “The House stands recessed,” and only then ducked behind a column. Who was it?

The first person to correctly guess gets a mention in the next edition of Inside Congress. Send your answers to [email protected].

GET INSIDE CONGRESS emailed to your phone each evening.

Follow Daniella on X at @DaniellaMicaela.

Correction: A previous version of Inside Congress misquoted Sen. Susan Collins (R-Maine) on the status of Republican demands for policy riders.

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