Schumer to force doomed abortion 'show vote,' as tough midterms loom for Democrats

Senate Democrats this week are forcing a doomed-to-fail vote on an abortion rights bill, in response to a leaked Supreme Court draft opinion that indicated the court is poised to overturn Roe v. Wade. 

The leaked draft opinion in the case Dobbs v. Jackson Women's Health Organization, published by Politico last week, represented Democrats' worst fears about what a conservative Supreme Court majority could do. But it also gave Democrats an issue on which they believe they can hammer Republicans, who they blame for stacking the court with conservative justices during the Trump presidency. 

And with the midterms looming and a tough political environment for Democrats, Republican say that's what the vote is all about. 

"Sen. Schumer can be accused of a lot of things, but avoiding the theatrics of a show vote is not one of them," Senate Minority Whip John Thune, R-S.D., told Fox News Digital. "The fact that he plans for the Senate to consider a bill that he knows will fail – because it already has – says everything you need to know, because the only outcome he’s interested in is a political one."

Sen. Richard Blumenthal, D-Conn., a member of the Senate Judiciary Committee, was explicit about the point of the vote in a press conference Democrats held Thursday.

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"This fight is going to be now. It will be in weeks to come when these measures are voted on the Senate floor," Blumenthal said. "Every senator will be held accountable. Reproductive rights will be on the ballot this November."

The bill Senate Majority Leader Chuck Schumer, D-N.Y., is bringing for a vote Wednesday is the Women's Health Protection Act. It's been criticized by pro-choice Republican Sens. Susan Collins, R-Maine, and Lisa Murkowski, R-Alaska, as "overly broad," including striking down state limits on abortion, even bans on gender-based abortion. 

Murkowski and Collins also say they're worried the bill would remove conscience protections for religious hospitals. Collins has indicated that she will vote against the bill. Murkowski's office did not respond to a request for comment from Fox News Digital. 

Schumer on Thursday pushed back on the idea that the act would do what Collins and Murkowski say it would. 

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"Some are saying that this legislation would tell hospitals, certain religious hospitals, that they have to perform abortions," Schumer said. "That is simply not true. This bill simply gives providers the statutory right to provide abortion care without medically unnecessary restrictions… So this rumor is false."

Asked whether he would consider pushing the less sweeping Reproductive Choice Act backed by Collins and Murkowski, Schumer said he will not. 

"We're not cutting back. We're not compromising. This is about a woman's right to choose fully. We are not looking to compromise something as vital as this," Schumer said. "People should show where they stand."

By not addressing Collins' and Murkowski's concerns, Schumer is likely foreclosing the possibility of a bipartisan vote to codify Roe v. Wade. The bill would not pass anyway, as Senate Republicans are expected to filibuster it, and 60 votes are needed to end a filibuster, which Democrats do not have.

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But a vote in which all 50 Senate Republicans vote against protecting abortion rights may be the kind of thing Schumer can use to rile up the progressive base ahead of the midterms. 

"When you judge by Twitter, you're not necessarily getting the reality. But judging by Twitter, Democrats have been activated and it's all about anger," University of Virginia Center for Politics Director Larry Sabato told Fox News Digital. "Which side is angriest? Which motivates the base? And a midterm election is a battle of the bases."

Sabato said the Dobbs decision would be "bound to help it somewhat." But, he added, issues like inflation and immigration are going to be more top-of-mind for most voters going into the election where many people simply are not affected by abortion in their everyday lives.

"Inflation affects everybody day to day. We're all affected by it, we all think about it," Sabato said. "Abortion for most people is kind of a theoretical concept, particularly if you're older. It's not something that you focus on."

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Some Republicans, meanwhile, think Democrats are overplaying their hand on abortion. They cite poll numbers that show most Americans don't support unrestricted abortion even in later terms, as the Democrats' bill would allow. 

A Fox News Poll released last week showed that more than six in 10 registered voters continue to believe the U.S. Supreme Court should uphold Roe v. Wade, while over half favor banning abortions after 15 weeks.

"I’d welcome the opportunity to talk about the horrors of green-lighting abortion on demand up until the point of birth," Thune said. "It’s an abhorrent idea – one that I can’t believe anyone would condone."

"Democrats want to make every state a late-term abortion state, aligned with brutal regimes like North Korea and China," Senate Pro-Life Caucus Chairman Steve Daines, R-Mont., said. "The contrast could not be clearer."

"The new Democrat Party line is now taxpayer-funded, late-term abortion up until the moment of birth," National Republican Senatorial Committee (NRSC) communications director Chris Hartline said. "Democrats are simply out of step with where the American people are on this issue and we look forward to watching Chuck Schumer force his most vulnerable members to vote to legalize late-term abortion up until the moment of birth in an election year."

Fox News' Victoria Balara contributed to this report.