A Senate compromise is needed on abortion rights. Where do Tillis, Burr stand?

All eyes are on Congress to codify abortion rights in the wake of a leaked U.S. Supreme Court draft opinion that indicated the court’s conservative majority is prepared to overturn Roe v. Wade, the landmark decision that guarantees a constitutional right to abortion.

But the success of their efforts could depend in large part on the actions of Republican senators from purple states, including North Carolina’s own Thom Tillis and Richard Burr.

The Senate forced a vote Wednesday on the Women’s Health Protection Act, a bill that would not only codify abortion rights nationwide but also prohibit states from passing any medically unnecessary measures to restrict abortion access.

The vote, which failed 49-51, was largely symbolic. It would have needed 60 votes to break a Republican filibuster, and it was clear from the start that the support wasn’t there, particularly among moderate senators, who said it goes further than simply codifying Roe v. Wade.

But there might still be another option to enshrine abortion rights in federal law. Republican Sens. Susan Collins of Maine and Lisa Murkowski of Alaska introduced a bill back in February that would codify abortion rights “as they currently exist” under Roe v. Wade and Planned Parenthood v. Casey. The bill would prohibit states from enacting regulations “undue burden” on the ability to choose whether to terminate a pregnancy before fetal viability.

Democrats have declared they aren’t willing to water down their efforts to protect abortion rights, and reproductive rights organizations say the Collins-Murkowski bill is too weak. But it does do one very important thing: it keeps abortion legal.

Finding common ground on a narrower alternative, like the one proposed by Collins and Murkowski, might be the best chance Congress has — at least right now — to ensure that federal abortion protections don’t disappear completely. And North Carolina’s senators could play a key role in making that happen.

Burr and Tillis would do well to consider where their constituents stand on abortion. A recent Meredith College survey of registered voters in North Carolina found that 52% of respondents want North Carolina to pass a law keeping the current provisions of Roe or expanding abortion access further, while just under 40% support a law that severely restricts access to abortion or makes it illegal in all circumstances.

Still, it’s a long shot. Even with the support of every Senate Democrat, plus Collins and Murkowski, the bill would still be eight Republican votes short of the 60-vote threshold. Scarcely any Republican senators describe themselves as “pro-choice,” and the Republican Party more broadly has opposed abortion since the 1970s. All but five Republican senators, including Tillis, are currently listed as co-sponsors on a 2021 bill that would ban abortion nationwide after 20 weeks, which is several weeks earlier than what is guaranteed under Roe.

Congressional Republicans have discussed the possibility of a nationwide ban on abortion after six weeks, according to reports, and Senate Minority Leader Mitch McConnell said last week that it’s “possible” Republicans would consider a nationwide ban on abortion if they regain a majority in Congress in November.

A spokesperson for Tillis told the Editorial Board that whether Tillis would vote for federal restrictions on abortion “depends on what the legislation does.” Tillis remains “fundamentally opposed” to eliminating the filibuster, even vowing on the Senate floor in January that he would resign from Congress if Republicans ever voted to change it.

At the time of publication, Tillis’s office had not responded to a request to clarify whether, and under which circumstances, Tillis might support a nationwide abortion ban, or whether he would support codifying Roe v. Wade. Burr’s office also did not respond to an inquiry about his position on the Collins-Murkowski bill to codify Roe v. Wade.

Lawmakers must find a way to codify abortion rights at the federal level before the Supreme Court hands down its decision this summer. Without a majority of senators willing to eliminate the filibuster, the only way to do that seems to be through compromise. That’s better than nothing at all. Both Democrats and Republicans should remember that.

This story was originally published May 13, 2022 at 5:00 AM with the headline "A Senate compromise is needed on abortion rights. Where do Tillis, Burr stand?."