House GOP split on how to address IVF messaging as some push Speaker Johnson to hold a vote before the election

Washington (CNN) — Multiple House Republicans have been working behind the scenes to convince Speaker Mike Johnson to hold a vote on legislation supporting in vitro fertilization before the November elections but told CNN their efforts have so far been brushed off or even denied.

The direct pressure campaign from lawmakers across the GOP conference has ramped up in recent weeks as those Republicans running in competitive races want to showcase their support of IVF, which Democrats have called into question after the Alabama Supreme Court ruling earlier this year that frozen embryos are human beings and those who destroy them can be held liable for wrongful death.

The resistance from Johnson to take up legislation on the issue up until this point, according to conversations with some of the lawmakers involved, stems from concerns that Republicans could fail to pass it in their narrowly held Republican majority, and the fear of putting members in a worse spot politically. There is also an acknowledgement that Johnson is trying to balance the needs of his vulnerable members who support the fertility treatments with small-government deficit hawks who resist mandates and conservatives who are against IVF for religious reasons.

One GOP lawmaker characterized Johnson as “placating” the situation by being intentionally vague about whether he would commit to bringing up IVF legislation.

“You’re dealing with some people who have older views and tougher districts, and you know, they’re not going to move,” the lawmaker said of Johnson and his House GOP leadership team.

Another GOP lawmaker said Johnson simply said no when asked for legislation supporting IVF to be brought up, telling CNN, “He’s been more direct with me.”

“Multiple members have had conversations with leadership about IVF,” the lawmaker added. “Multiple members have filed bills about IVF. It’s something, particularly if you’re in a purple district or a swing district, that would be really helpful, but they haven’t done anything on it yet. I don’t know why.”

While a third GOP lawmaker, who has also made the case to Johnson about the need for House Republicans to take a public stance on IVF, said the hesitancy among his party’s leadership is starting to thaw.

“My conference is hesitant to move on bills of this nature, but I think they understand more and more that there is a need to,” the lawmaker said.

With the House only scheduled to be in session for a few weeks before the presidential election, Johnson’s top priority has been to keep the government open past the September 30 deadline, which has already hit serious roadblocks.

But when asked about his conversations with members and if he supports bringing forward IVF legislation before the election, Johnson told CNN, “I think we’ve been very consistent. Our party is in support of IVF in every way, shape or form. If there’s a legislative opportunity to vote on it, I’m sure we would. I’ll have to see. I’ve been busy on a lot of other things but will check into that.”

Six months earlier, Johnson said he did not believe Congress had a role to play, dismissing the need for IVF legislation.

Republicans have been on the defensive with their reproductive health care messaging since the overturning of Roe v. Wade more than two years ago, and many have tried to develop a pro-IVF message in the wake of the Alabama Supreme Court ruling to win back moderate women.

Former President Donald Trump called himself a “leader on IVF, which is fertilization” during the presidential debate this week and has introduced a policy that would pay for treatments.

House GOP Conference Chairwoman Elise Stefanik told CNN following the debate, “President Trump has been very clear, I’ve been very clear. We support IVF. We are pro-babies, pro-families.”

But Republicans have so far failed to channel their support into a legislative response. Senate Republicans voted down a bill in June that would have guaranteed access to IVF nationwide, arguing that the legislation was unnecessary, and Senate Majority Leader Chuck Schumer is bringing the bill up for a vote again ahead of the election to keep the pressure on Senate Republicans.

And while House Republicans project that there is universal support for IVF within their conference, some were less than enthusiastic about voting on legislation in support of the treatments, particularly in the lead up to the election.

“I’m disinterested in this topic,” GOP Rep. Thomas Massie of Kentucky told CNN.

GOP Rep. Chip Roy of Texas stated that Republicans should keep a narrow focus on government funding, inflation and the US-Mexico border “and then get the friggin’ hell out of here.”

And GOP Rep. Brad Wenstrup of Ohio, a doctor, told CNN that while the treatments were legal, “I don’t prefer it in my family. In my family, we had a son and then adopted a daughter.”

Where the GOP pro-IVF push stands

GOP Rep. Mariannette Miller-Meeks of Iowa became the latest Republican to introduce a pro-IVF bill last week.

Miller-Meeks said the legislation, which would provide a fully refundable tax credit up to $30,000 for IVF expenses, stemmed from ongoing conversations with other Republican women that picked up over the summer.

“We have bantered back and forth,” Miller-Meeks told CNN. “We have talked about legislation. And so finally, for me, it was, I’m tired of hearing criticism from the other side of the aisle on something that we support, and the majority of Americans support, and so we’re going to put forth legislation.”

A flurry of other bills and resolutions have been introduced, many in the wake of the Alabama Supreme Court ruling, that range in effectiveness and policy goals.

Democratic Rep. Susan Wild of Pennsylvania led a bill to codify an individual’s right to IVF access in January. Wild had been searching for a Republican cosponsor in 2023 to introduce the bill, but did not get any Republican support until after the Alabama ruling, a source familiar with the process told CNN. There are now four Republican cosponsors, out of 202 cosponsors, but none of them signed on to Wild’s attempt in July to bypass Republican leadership and force a floor vote.

Most of the Republican-led efforts in the House, including from Republican Reps. Lori Chavez-DeRemer of Oregon and Nancy Mace of South Carolina, are largely symbolic non-binding resolutions that express support for IVF. GOP Rep. Zach Nunn of Iowa introduced a bipartisan bill with Wild to protect access to fertility treatments.

“I feel very strongly about this,” Nunn, who has talked to House GOP leadership about his bill, told CNN. “This is the right move forward. Look, regardless of party, coverage for IVF or starting a family is something that every American should be able to pursue.”

Responding to the other efforts to support IVF in the House, Wild told CNN, “I invite all my colleagues, Democrat or Republican, who claim to support IVF to put their money where their mouth is, cosponsor my bill and sign the discharge petition to force a vote on the floor.”

Rank-and-file members across the conference, not just in swing districts, agreed that voting on pro-IVF legislation, particularly before the election, would be beneficial to Republicans.

“I think it will help the party immensely, you know, to go on the record,” GOP Rep. Ronny Jackson of Texas told CNN.

GOP Rep. Cory Mills of Florida echoed: “I think it is an important vote. I think it shows our stance.”

But others, even those who support IVF, don’t see the need for Republicans to force any sort of vote on it and argue that forcing a vote before the election would simply be playing politics.

“I still don’t even understand why we’re being asked about do Republicans support IVF,” GOP Rep. Byron Donalds of Florida said.

GOP Rep. Marjorie Taylor Greene, who supports IVF, poured cold water on the idea that Republicans could vote on any type of IVF legislation before the election, particularly given their current government funding predicament: “We can’t even do anything right now.”

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