House Democrats to Use Discharge Petition in Effort to Codify Abortion Rights

Created: JANUARY 21, 2025

Democratic Representatives Diana DeGette (CO), Barbara Lee (CA), and Judy Chu (CA) are initiating a discharge petition for the Women's Health Protection Act. This procedural tactic aims to compel a House vote on the abortion rights legislation, even with Republicans holding the majority. The act seeks to establish a federal right to abortion care, mirroring the protections previously afforded under Roe v. Wade.

The representatives argue that public opinion strongly favors abortion access, citing polls indicating over two-thirds of Americans support a woman's right to choose. They hope to garner support from at least six Republicans to reach the 218 votes needed for the petition to succeed. This strategy follows a similar, albeit unsuccessful, attempt by Democrats to force a vote on a clean debt ceiling bill. The current petition could place pressure on moderate Republicans, particularly those in competitive districts, to publicly declare their stance on abortion rights.

Democratic lawmakers

This renewed push for the Women's Health Protection Act comes after the Supreme Court's 2022 decision in Dobbs v. Jackson Women's Health, which overturned Roe v. Wade and returned the authority to regulate abortion to individual states. The act explicitly states a healthcare provider's right to offer abortion services and a patient's corresponding right to terminate a pregnancy before viability, free from state restrictions. It also permits post-viability abortions when deemed medically necessary to protect the patient's life or health.

Rep. Judy Chu

While securing 218 signatures is a crucial step, it doesn't immediately guarantee a vote. A waiting period of at least seven legislative days is required after reaching the signature threshold. The Women's Health Protection Act previously passed the House in September 2021, largely along party lines, with a vote of 218-211.

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