Senate Democrats block overturning of Biden's pro-abortion Title X rule in 49-49 vote

Senate Republicans, led by Sen.Marco Rubio, orchestrated a procedural maneuver in the Democrat-controlled Senate to force a vote on S.J.Res.41, a joint resolution of disapproval under the Congressional Review Act to overturn the Biden Administration’s 2021 final rule on the Title X Family Planning Program.

The motion failed by a tied vote of 49-49:  

• 48 Senate Republicans voted yes, joined by Democrat Senator Joe Manchin.
• 47 Senate Democrats voted no, joined by Republican Senators Susan Collins and Lisa Murkowski.
• Democrat Senators Chris Murphy and Ron Wyden were absent and did not vote.

The Biden Title X rule defies the law, which states clearly that Title X funds shall not “be used in programs where abortion is a method of family planning”, and siphons tens of millions of taxpayer dollars annually in Title X funding towards abortion provider Planned Parenthood and the abortion industry.

Enactment of this resolution would have overturned the 2021 Biden rule, reinstated the Trump Administration’s 2019 Protect Life Rule, and prevented any future administration from reissuing the 2021 Biden rule.

Background: The 2021 Biden Title X rule reversed the Trump Administration’s 2019 ‘Protect Life’ Title X Rule. The 2019 rule required rigorous physical and financial separation of family planning from abortion, and prohibited the performance of, referral for, or promotion of abortion, in the Title X family planning program. Planned Parenthood affiliates withdrew from the Title X program, from which they received around $60 million annually, rather than comply with the rule.

The 2021 Biden Rule, instead, allows Title X funds to support programs where abortion is a method of family planning, contrary to law, and, impose onerous and illegal mandates for Title X projects to counsel and refer for abortion.

Since reversing the 2019 Protect Life rule, the Biden administration has acted swiftly to provide funding to abortion provider Planned Parenthood and other abortion providers:

• On March 30, 2022, HHS awarded 12 grants to Planned Parenthood affiliates for more than $14.5 million combined, as well as millions of dollars to other abortion providers.
• On January 21, 2022, HHS awarded  more than $1.9 million in supplemental Title X funds to three Planned Parenthood affiliates in New Hampshire and Texas as well as millions of dollars to other abortion providers.
• In response to the Texas Heartbeat Act taking effect, the Biden administration deployed a $750K supplemental Title X grant to the pro-abortion organization, Every Body Texas.