GOP Senators Say They Support IVF—Just Not a Federal Law to Secure It

On Wednesday, Democratic Senator Tammy Duckworth brought forward legislation to protect access to in vitro fertilization, known as IVF, on the Senate floor. Duckworth attempted to approve the legislation via unanimous voice vote, a maneuver that requires only one senator to object to prevent its passage. Senator Cindy Hyde-Smith, a Republican from Mississippi, blocked it on the floor.

In the weeks since the Alabama Supreme Court issued a controversial ruling declaring that fertilized embryos inside or outside of the uterus are children—leading IVF providers to halt operations across the state—many Republicans have repeatedly expressed their support for the procedure. Despite being localized to one state, the court’s decision has had political repercussions across the country, including for federal GOP lawmakers and candidates.

It has further seeped into national campaign politics: The National Republican Senatorial Committee put out a memo last week that “encourages Republican Senate candidates to clearly and concisely reject efforts by the government to restrict IVF,” arguing that the Alabama ruling “is fodder for Democrats hoping to manipulate the abortion issue for electoral gain.” Democrats have indeed seized upon the issue, pointing out when GOP candidates have previously expressed support for fetal personhood. If an embryo is a child, the argument goes, then IVF is inherently under threat, because it often requires discarding fertilized eggs that are not viable.

Setting aside the purely political considerations, Republicans announcing support for IVF only raises further questions about what that endorsement means. For example, if every frozen embryo is a child, should a mother be required to carry it, even if physicians know it is nonviable and will result in a miscarriage? How should frozen embryos be handled?

When I asked whether a frozen embryo could be considered a person, GOP Senator Kevin Cramer replied: “I don’t know.” “I believe that life begins at conception,” Cramer continued, although he added that he was “not suggesting a federal definition.” “We need to demonstrate our compassion universally, and not just pick a political side and feign compassion.”

Senator Markwayne Mullin, whose wife underwent fertility treatment over seven years, offered a different perspective on when life begins. “When my wife and I, we first experienced a pregnancy, and I heard a heartbeat—that was life to me. I mean, that was my child,” said Mullin. When his wife later suffered a miscarriage, that was “a true death to us,” Mullin continued.

“When you start talking about that, I start looking towards a heartbeat, because that’s when life begins,” he said.

Senator Cynthia Lummis said, “It could be justified to say that the rights of a child do not apply to an in vitro situation, that they would only apply in vivo,” HuffPost reported. This would require an embryo to be implanted in a uterus.

Meanwhile, Senator Josh Hawley said determining how life should be defined is “more of a legal question.” However he said that “there may be a place here for a federal backstop to make sure that it remains available”—as long as it is focused purely on IVF, and not on abortion, an indication that he would steer clear of most Democratic proposals. (In Hawley’s home state of Missouri, a 2016 state court decision ruled that frozen embryos are not children; state legislators have since introduced bills attempting to overturn that ruling. Advocates for a proposed state constitutional amendment to protect abortion rights say it will also protect IVF access.)

Other Republicans argued that the issue should be left to the states. Senator Roger Marshall, a longtime ob-gyn who worked with patients struggling with fertility, acknowledged that determining how frozen embryos should be handled was a “tough question,” even as he reiterated his support for IVF. “I think it’s an incredible gift of knowledge that God has given us and that we should use that knowledge as physicians,” Marshall said. “I think the Dobbs decision clearly states that this should be dealt with at the state level, and would encourage state legislatures to protect in vitro fertilization.”

Indeed, the Dobbs decision by the U.S. Supreme Court, which overturned Roe v. Wade, paved the way for the Alabama court to make its decision regarding embryos. Abortion rights and access to other reproductive procedures and care are intertwined in state law, and are now being determined on a state-by-state basis.

The Alabama decision opened a proverbial can of worms for lawmakers across the country who believe that life begins at conception, and has faced blowback from lawmakers—even those in the Yellowhammer State. State lawmakers in the Alabama legislature hastily brought forward a bill to establish legal protections to IVF providers; critically, it doesn’t address whether an embryo is considered an unborn child, an idea that formed the crux of the court’s decision that embryos should be protected under the state’s Wrongful Death of a Minor Act. (Both chambers of the legislature advanced legislation to protect IVF clinics from lawsuits on Thursday.) In Florida, a hearing on a state bill to establish civil liability for the death of an unborn child was postponed.

Other states already have laws on the books regarding the legal status of embryos; for example, in Louisiana, an embryo fertilized in vitro is considered a “juridical person,” meaning that it has limited rights. As such, viable embryos cannot be deliberately discarded by physicians, although a nonviable embryo is no longer considered a juridical person. Frozen embryos need to be stored out of state to be in line with the law, which adds further costs for those undergoing IVF treatment.

“It seems as if there’s a certain respect being paid to the potential personhood,” said Louisiana Senator Bill Cassidy about his state’s law. However, he stopped short of calling for a federal law modeled on Louisiana.

“Our Founding Fathers kind of said, if the states can work it out, let them work it out. And I’d like to think the states would look to Louisiana,” Cassidy said.

Author’s note: A few hours before the deadline for this newsletter, Senate Majority Leader Mitch McConnell announced he would step down as Republican leader in November. This is, to paraphrase another inveterate Senate Guy™, a BFD. To read more about the shadow race to succeed McConnell, check out my September article on the senators vying to replace him.

This article first appeared in Inside Washington, a weekly TNR newsletter authored by staff writer Grace Segers. Sign up here.

Vibe check: How Christian nationalism informs American politics

Each week, I provide an update on the vibes surrounding a particular policy or political development. This week: A new poll provides insight on the rise of Christian nationalism.

In his opinion concurring with the decision that embryos should be considered children, the chief justice of the Alabama Supreme Court frequently invoked God, as well as the words of Scripture and Christian philosophers. Justice Tom Parker wrote that “even before birth, all human beings bear the image of God, and their lives cannot be destroyed without effacing his glory.”

Parker has previously espoused Christian nationalist beliefs and expressed support for the “Seven Mountains Mandate,” a strain of Christian dominionism that dictates the “seven mountains” of social influence must be conquered to impose fundamentalist Christian beliefs on society. (TNR contributor Elle Hardy wrote about this movement back in August 2022.)

Parker’s beliefs are in line with much of his state: According to a new survey by the Public Religion Research Institute, 47 percent of Alabamians qualify as Christian nationalism adherents or sympathizers. Along with North Dakota, Mississippi, West Virginia, and Louisiana, Alabama was one of five states where more than 45 percent of the population hold Christian nationalist beliefs.

“It’s not about cultural influence, it’s actually about political domination,” said Robert Jones, the president and founder of PRRI, about the tenets of Christian nationalism. “What this is about is using power to impose their views, even when they’re not achieving those through democratic means.”

Nationally, only about three in 10 Americans qualify as adherents or sympathizers of Christian nationalism, according to the survey, which was conducted over several months and based on interviews with 22,000 people. But on a state-by-state level, the survey found that Christian nationalist tendencies were strongly correlated with previous support for former President Donald Trump and Republican Party affiliation. Sixty-six percent of white evangelical Protestants and 55 percent of Hispanic Protestants hold Christian nationalist beliefs.

The tenets of Christian nationalism could have serious influence on the politics of this election year, particularly given that Trump is once again likely to be the Republican nominee for president. Trump himself has embraced that language: In a recent speech to the National Religious Broadcasters, the former president said, “I will fight even harder for Christians with four more years in the White House,” promising to combat “anti-Christian bias.” (Of course, what Trump means by “Christian” is “conservative Christian.”)

According to the PRRI, Christian nationalists were also more likely to agree that “there is a storm coming soon that will sweep away the elites in power and restore the rightful leaders,” and that “because things have gotten so far off track, true American patriots may have to resort to violence to save the country.”

“I think we’re going to see more and more of these strong-arm tactics moving outside of the norm of democracy precisely because the demographics of this country are changing,” said Jones about the proliferation of Christian nationalist ideals among politicians. The U.S. was once a majority-white and Christian country, but in 2022, white Christians only made up 42 percent of the population.

“That sea change, or shift, has really set off this apocalyptic, in some way desperate reaction,” Jones continued. Indeed, in his speech before the National Religious Broadcasters, Trump said, “It’s the people from within our country that are more dangerous than the people outside.”

The country has already seen the effects of belief in violence as a tool for political change linked with support for Trump: On January 6, 2021, the former president’s supporters laid siege to the Capitol in an effort to overturn the 2020 election.

“The real danger of the Christian nationalist worldview is that it casts political opponents as existential enemies, and it thinks of politics in black and white terms of good versus evil, God versus Satan,” said Jones. When that perspective is prevalent, it justifies the use of violence for political means. “We’re actually trying to defeat and vanquish people who have literally been cast as instruments of the devil.”

What I’m reading

“What can I even say without having to go to jail?” by Julianne McShane in Mother Jones

This ballot measure would restore Roe. Abortion rights groups are attacking it, by Rachel M. Cohen in Vox

A wild and dangerous 2024 experiment, by John G. Hendrickson in The Atlantic

They renounced Trump. Will they get fellow conservatives to vote Biden? by Kara Voght in The Washington Post

A backward movie for an upside-down world, by Bilge Ebiri in Vulture

The ‘Killmonger Cut’ is everywhere in games, by Trone Dowd in IGN

Pet of the week

Last week, the Alabama Supreme Court handed down a ruling that could have devastating repercussions for families hoping to obtain in vitro fertilization treatment, or IVF. The court ruled that frozen embryos outside of the womb are “children,” in accordance with state law allowing civil litigation for the wrongful deaths of children and a 2018 constitutional amendment to protect the rights of “the unborn child.”

This 8–1 ruling protecting the rights of “extrauterine children” thus leaves clinics vulnerable to lawsuits. The lone dissenter, Justice Greg Cook, wrote in his opinion that “the main opinion’s holding will mean that the creation of frozen embryos will end in Alabama.”

The decision in Alabama raises concerns about the “criminalization of pregnancy outcomes,” said Kimya Forouzan, principal policy associate for state issues at the Guttmacher Institute, a research organization that supports abortion access. An outcome as common as a miscarriage could be viewed with suspicion; if an IVF treatment fails to take, that could not only be considered a physical failure of the mother but potentially a criminal one as well. Or, for the clinics that would provide IVF treatments, a power outage caused by a storm could be cause for liability.

The Alabama ruling was the latest salvo in a longtime campaign by abortion opponents to “establish personhood,” that is, to enshrine into law that life begins at conception. That battle has been ongoing in Alabama, where the 2018 constitutional amendment, ratified by voters, requires courts to “recognize and support the sanctity of unborn life and the rights of unborn children, including the right to life.” Last year, the Alabama attorney general said that women who use abortion medication could be prosecuted for violating a law written to protect children from meth-lab fumes.

“In the state of Alabama, for more than a decade, there have been efforts to stretch state laws and amend state laws to apply to fetuses and embryos, and to criminally punish pregnant women,” said Michele Goodwin, a professor at Georgetown Law and expert on abortion law. When the Supreme Court overturned Roe v. Wade in 2022, Goodwin continued, it emboldened state legislatures and courts “to either enact sweeping laws, or to bend precedent, to bend state constitutions, to bend legislation to suit what would be pro-natalist aims and anti-abortion aims.”

Restrictions to abortion access have particularly affected lower-income Americans, many of whom cannot afford to travel to another state to obtain the procedure. With the Alabama decision, a new subset of people—middle- to high-income families struggling with fertility issues—could face the consequences of limited reproductive care for the first time. (This week, the University of Alabama at Birmingham temporarily paused IVF procedures.)

“While there has been a targeting of poor people and their reproductive futures—women of color, certainly, and their reproductive futures—there are categories of Americans that have been able to experience parenthood because in significant ways they could afford to use these technologies,” said Goodwin. “Now what we see is the coming for these technologies, and those communities of people, who will now find themselves vulnerable.”

Meanwhile, days before the Alabama decision was handed down, and a few hundred miles away, a state House committee in Oklahoma approved a bill that would create a database within the Oklahoma State Department of Health to track women who have had abortions, as well as how many they have had, and require physicians to justify why they performed an abortion under oath. It would also prevent Oklahomans from obtaining some over-the-counter emergency contraceptive prescriptions without a physician’s approval, and would place new restrictions on intrauterine devices, or IUDs, a popular form of birth control.

The Oklahoma bill is emblematic of the larger movement across several states. “We have seen throughout the states an effort to ban or limit access to contraception generally,” said Forouzan, pointing to legislation in several states to limit young people’s ability to obtain contraception. This legislation could provide another blueprint for states seeking to restrict access to certain contraception.

“As we monitor the state legislative sessions, as they progress, we see different types of bills start to trend, in a sense. So they’ll have success being implemented in one state, and then in the next session, we’ll see a few states that have introduced them,” Forouzan said. “Often, that can serve to normalize something that we hadn’t really seen before, especially when it comes to abortion restrictions.”

The same goes for litigation: The Alabama decision has already inspired a religious organization to challenge a proposed ballot initiative in Florida to protect abortion rights. “Every human life begins as an embryo, and now the Alabama Supreme Court has upheld the decision of its citizenry that every unborn life should be protected, no matter their stage or location,” said Mat Staver, the chair and founder of Liberty Counsel, which is bringing forward the challenge in Florida.

This development is only to be expected. “What one sees in the wake of the kind of pro-natalism that’s taken hold in the United States is that when one state sneezes, the rest catch a cold,” said Goodwin.

This article first appeared in Inside Washington, a weekly TNR newsletter authored by staff writer Grace Segers. Sign up here.

Vibe Check: A government funding jump scare

Each week, I provide an update on the vibes surrounding a particular policy or political development. This week: Congress is a horror movie, and the need to fund the government is the monster lurking behind the door.

This Monday, we celebrated Presidents’ Day, so named because it happens to fall roughly around the birthdays of noted Aquarians George Washington and Abraham Lincoln. (February 19 actually was Washington’s birthday, which means we get an extra point for accuracy, I guess.)

Congress, as it is wont to do, opted to extend the three-day weekend into a full week away from Washington. (Yes, comms directors, I know lawmakers do work in their districts/states, simmer down.) Which means that when they return, on the evening of February 28, they will have three legislative days to partake in what’s become one of their more regular pastimes: preventing a partial government shutdown. Long ago, in mid-January, Congress approved a “laddered” continuing resolution, extending funding for five federal agencies through March 1, and then for the remaining nine through March 8. This itself was an extension of a previous continuing resolution, but here’s the best part: Unless Congress can pass all 12 appropriations bills in a few days, there will likely be yet another short-term continuing resolution to avert a shutdown.

Representative Mike Quigley, the Democratic ranking member of the Appropriations subcommittee pertaining to transportation and housing, said that he did not believe Congress could approve appropriations bills before the early March deadlines. “You’re never losing money betting against Congress,” Quigley said. When asked if Congress would need to pass another continuing resolution, Quigley replied: “That’s always a safe bet.”

Appropriations Committee staff will still be working to finalize legislation while lawmakers are away from Washington, said Representative Rosa DeLauro, the ranking member of the Appropriations Committee. But some sticking points remain, she added, such as the possible inclusion of so-called “policy riders” that would provide wins for conservative lawmakers otherwise upset by the amount of spending. “Riders are unacceptable,” DeLauro said. “If they decide they’re going to create chaos again around the riders, then the process becomes unglued.”

Continuing resolutions are exceedingly unpopular with many Republicans in the rank and file, so Speaker Mike Johnson has had to lean on the Democratic minority to help push the stopgap measures over the finish line. He will likely have to do so again, using a procedural maneuver that allows legislation to pass with support from two-thirds of the House. Given the narrow three-seat Republican majority, conservative members could otherwise throw hurdles in front of any spending legislation.

If another such short-term resolution is needed, it will likely enrage far-right Republicans even more, potentially threatening Johnson’s speakership. Lest we forget—and truly, how could you?—Speaker Kevin McCarthy was ousted in part because of his compromise to keep the government open last fall. If the government funding bills do pass in “minibus” or “omnibus” form, in which several measures are roped together for one vote, many hard-right members would see that as a further betrayal.

Then there’s the threat of not actually being able to pass any appropriations bill, and instead needing to approve a full-year continuing resolution—an idea opposed by Democrats and Republican hawks, as it would functionally amount to across-the-board spending cuts (including for defense programs). Axios reported this week that given these disagreements, many House Republicans are expecting a government shutdown, even if it only lasts a few days.

Despite the time crunch, some lawmakers remain optimistic. “A lot of these bills are pretty close to done now,” said Representative Tom Cole, the chair of the Transportation and Housing Subcommittee in the Appropriations Committee. However, he acknowledged there were “some disagreements we knew we would kick upstairs” for committee leadership to consider—i.e., the aforementioned policy riders—and he said that some agency funding bills were still being hammered out. At a recent Republican leadership retreat in Miami, Punchbowl News reported, Cole said that he expected congressional leaders to back the spending bills, rather than relying solely on appropriators to push them across the finish line.

Moreover, despite not having passed government funding for fiscal year 2024, congressional appropriations committees will soon begin working on fiscal year 2025. President Joe Biden will also be releasing his proposed budget (*cough* policy wish list) soon.

“This shows you how messed up we are,” said Quigley about the potential overlap in budgets. “This is no way to run a railroad.”

What I’m reading

Control of the House could come down to this New York Republican, by Grace Segers in Politico. (No, I don’t have a doppelgänger who is also a political reporter—I wrote this piece for Politico’s magazine, and you should check it out!)

Everyone knows Sutton Foster can sing. Now we know she can juggle, by Michael Paulson in The New York Times

Matt Gaetz’s chaos agenda, by Dexter Filkins in The New Yorker

Naps, jokes and younger advisers: How octogenarians think Biden can win, by Meryl Kornfield in The Washington Post

Private equity has its eyes on the child-care industry, by Adam Harris in The Atlantic

The hot new luxury good for the rich: air, by Shayla Love in The New Republic

Pet of the Week

I know it’s tough, but let’s not read too much into this. Yes, Democrat Tom Suozzi won the special House election vacated after the ouster of George Santos, flipping the Long Island and Queens–based district. But while his defeat of Republican Mazi Pilip can inform how we think about the 2024 elections in the suburbs, there’s a substantial risk of overinterpretation.

First, you better know this district: New York’s 3rd congressional district is one of the wealthiest in the country, with a median salary of nearly $130,000. It is also relatively diverse across racial, ethnic, and religious lines, with significant Asian, Hispanic, Jewish, and Muslim populations. And then there is the “act of God” factor that came into play on Tuesday: Voter turnout was likely disrupted by a massive snowstorm, which resulted in school closures. Democrats had the early voting advantage, while Republicans who were more likely to turn out on Election Day had more trouble traveling to the polls.

There’s also the idiosyncrasies of the candidates to consider: Pilip was a relative nobody with limited political experience, bolstered by the well-oiled machine of the Nassau Republican Party. Suozzi is a former county executive and representative who held the district for six years before unsuccessfully running for governor in 2022, allowing the Biden +8 district to be snatched up by Santos.

Still, it’s instructive to consider the outcome of the election, if not as a true crystal ball then at least as tea leaves. The race was defined by what Lawrence Levy, the associate vice president and executive dean of the National Center for Suburban Studies at Hofstra University, called the “three I’s and one A”: immigration, Israel, inflation, and abortion. Suozzi’s win “shows that a moderate candidate who has ties to the community—and not just to some ideological sliver of it at one extreme or the other—has a real good chance to buck some pretty powerful political trends.”

The topics of immigration and Israel became increasingly salient toward the end of the race. The district has a large Jewish population, including a significant bloc of Orthodox Jews, who tend to be more conservative. (The Ethiopian-born Pilip is, herself, an Orthodox Jew, and served in the Israel Defense Forces.) But immigration was even more critical to the election.

“The issue of the border and migration had a particular salience on Long Island, fed by a daily drumbeat of headlines about migrants arriving by the busload in New York City,” said former Representative Steve Israel, a Democrat who represented the district until 2017. “Immigration and border safety is unquestionably an issue on the minds of voters across the country, but it had special significance for New York voters because of the daily news headlines.”

Republican attacks on Democrats regarding immigration policy were particularly successful on Long Island in 2022; Suozzi used hard-line language on the issue in the waning days of the campaign to counter them. He slammed Pilip for her opposition to the bipartisan border deal that was negotiated in the Senate—and then blocked by the GOP. Suozzi tied Pilip to the transgressions of her would-be Washington colleagues, arguing that she was uninterested in real solutions to addressing the “migrant crisis.”

In a postelection memo, the super PAC affiliated with House Democratic leadership argued that Suozzi offered a blueprint for future Democratic campaigns, saying that “it is imperative for Democrats to take the fight to Republicans and hammer them on their failure to support the Senate’s bipartisan border security bill.” (Or, as Speaker Mike Johnson put it, Suozzi “sounded like a Republican talking about the border.”)

“On contentious issues like the border and immigration, Tom Suozzi taught Democrats that they don’t have to shy away from those issues, but can lean into them,” said Israel. “Essentially, he met voters where they are, and that’s a vital lesson.”

Indeed, according to CNN reporter David Wright, immigration was the top issue by ad spending, with $12.4 million spent on advertisements related to the topic through Sunday. A Pilip-aligned super PAC spent $1.35 million on a 30-second ad that aired during the Super Bowl, bashing Suozzi as “soft on illegal immigration and tough on taxpayers.”

Truly, a frankly bonkers amount of money was spent on a roughly two-month campaign. In the period between October and the end of January, Suozzi raised roughly $4.5 million, compared to $1.3 million raised by Pilip. The race also attracted significant outside spending. The Congressional Leadership Fund, the political action committee associated with House Republican leadership, spent nearly $5 million against Suozzi, according to OpenSecrets. Meanwhile, the House Majority PAC, which is associated with House Democrats, spent nearly $6 million against Pilip.

Suozzi may also have benefited from engaging certain segments of the district, such as the Asian American community. Representative Grace Meng, who represents the neighboring district and lent some of her campaign staff to Suozzi, praised his engagement with the Asian population, particularly in Queens—participating in community meet and greets, hiring staff who spoke multiple Asian languages, and spending money on advertisements in Asian media.

“This is one reason why I wanted Tom to win, was because I want to be able to say to almost every candidate that, ‘hey, when you engage in our community, their voices are being heard,’” said Meng, adding that she hoped this race provided a “blueprint” for future Democratic candidates to reach out to Asian communities.

As someone who spent the majority of her childhood on Long Island, I can confirm: It is an odd political petri dish of suburban mentality, New York bluster, and provincial loyalty. Although Suozzi’s district had begun to pivot to the right in 2021 and 2022—triggered in large part by considerations around crime and immigration—in the special election, it returned to its more natural state of moderate Democratic tendencies.

“In 2024, it reverted to its natural center and centrism,” Israel said.

This article first appeared in Inside Washington, a weekly TNR newsletter authored by staff writer Grace Segers. Sign up here.

Vibe check: Salty about SALT

Each week, I provide an update on the vibes surrounding a particular policy or political development. This week: failure to launch a rule to lift the cap on the state and local tax deduction.

In keeping with the theme of the week, we’ll turn now to a major policy issue for Long Island politicians in particular: the state and local tax deduction, colloquially known as SALT. (It’s also generally a major priority for Republicans in high-tax, typically blue states, but I’m sticking to a motif here.)

In 2017, Republicans in Congress approved massive tax cut legislation. As one of the revenue streams for the nearly $2 billion measure, the law capped the SALT deduction at $10,000 per household. Prior to this law, taxpayers could deduct state and local income, property, and sales taxes with no limit. Although the SALT deduction primarily benefits the wealthy nationwide, lifting the deduction cap has become a major priority for lawmakers representing districts with high state and local taxes in states such as New York, New Jersey, and California.

“Everybody has a perspective.” said Representative Marc Molinaro, a Republican representing an exurban swing district in upstate New York. “Ours is, by no fault of their own, New York taxpayers are overtaxed, and they deserve the same middle-class tax relief as every other American. And our goal is simply to garner what support we can.”

Fast-forward to two weeks ago: Several of these SALT-focused House Republicans were frustrated by the exclusion of a SALT-related provision in a bipartisan tax deal. Four New York Republicans—including three Long Islanders—initially blocked a procedural vote in protest, before allowing the measure to pass with the promise that they would get a vote on a measure to end the so-called “marriage penalty” in the SALT deduction cap. Their legislation, which would double the cap to $20,000 for married couples for the 2023 tax year, was narrowly approved by the House Rules Committee at the beginning of February and faced a procedural vote on the House floor this week. The bill would only apply to couples earning up to $500,000 annually.

Unfortunately for the SALT-y members of Congress, Republicans and Democrats alike, raising the cap is (a) expensive and (b) unpopular with pretty much everyone who doesn’t represent a wealthy, high-tax district. The Penn Wharton Budget Model at the University of Pennsylvania found that the bill to lift the cap would cost roughly $12 billion in lost revenue. The measure would also benefit the wealthy more than the middle class: An analysis by the Tax Foundation found that the proposal would primarily benefit filers earning more than $200,000, while the Tax Policy Center calculated that only one in 1,000 households earning less than $100,000 annually would qualify for a tax cut.

The rule vote for the SALT measure was brought to the House floor on Wednesday evening. It failed, due to opposition from Republicans and Democrats alike. (Lest you think this is only a problem for Republicans, there are SALT-focused Democrats who were disappointed by the lack of movement on the issue when their party controlled the House as well.)

All of the above raises the question: Why prioritize lifting the SALT deduction if it is doomed to fail, sad-trombone style? Perhaps not coincidentally, several of the New York Republicans interested in lifting the marriage cap also represent swing districts and are locked in tough reelection races in 2024. What better way to show that you fought for your constituents’ priorities than pressing for the passage of a bill to ease their tax burden?

Well, a better way would be to actually see it approved. But barring that, a failed rule vote will do the trick.

What I’m reading

The raw talent in Usher’s halftime show, by Hannah Giorgis in The Atlantic

The once and future Democratic Party, by Rebecca Traister in New York

A prescription for housing? by Rachel M. Cohen in Vox

Kristen Stewart uncensored: ‘I want to do the gayest thing you’ve ever seen in your life’, by Alex Morris in Rolling Stone

This year, love and death go hand in hand on Valentine’s Day, by Ruth Graham in The New York Times

Pet of the week

The national security supplemental legislation that included a controversial bill on border and asylum policy—which failed to even scrounge up 60 votes in the Senate on Wednesday—was the result of months of negotiations, yet ended in foreseeable defeat. So foreseeable, in fact, that Senate Majority Leader Chuck Schumer immediately replaced it on the floor with a bill that included aid to Ukraine, Israel, and the Indo-Pacific region—without any border provisions. The second supplemental advanced on Thursday afternoon, with more votes expected over the weekend.

Nonetheless, the first national security supplemental proposed this week, and the bipartisan border bill contained within, was significant for two reasons: its politics and its policy. Less than 24 hours after its release, Senate Republicans immediately torpedoed the prospects of the bill negotiated in part by one of their own—GOP Senator James Lankford—because they found it insufficiently stringent.

Even though the border legislation will not become law, it’s worth considering its substance: It could provide a framework for future legislation or—perhaps more likely—yet another cautionary tale as to why substantive immigration-related measures are doomed to fail in the modern political era.

Substantively, the initial supplemental contained controversial elements regarding asylum, immigration, and border policy, which left many humanitarian and immigrant rights groups concerned. Not only was this legislation insufficient to solve any of the problems the bill purported to solve, these organizations say, but serious unaddressed issues will remain long after the media stops gawking at this week’s legislative wreckage.

“It doesn’t do anything to solve the root of the problem, which is that our immigration system hasn’t been overhauled since 1986,” said Mark Hetfield, the president and CEO of HIAS, a refugee resettlement organization. “The entire asylum system is bearing the burden that we haven’t updated our immigration laws to make sure they meet the labor needs of the country.”

The border legislation would have made significant changes to the backlogged asylum system. It would have made it more difficult for migrants to claim asylum, requiring them to show greater proof that they have a “credible fear” of facing persecution upon returning to their home countries. It would attempt to streamline the appeals process by functionally excising immigration courts, granting those decisions to internal review boards. It would include around $3 billion for Immigration and Customs Enforcement to expand detention capacity.

The measure would also require the Department of Homeland Security to shut down the border if illegal crossings exceed 5,000 migrants over a week, or 8,500 in one day; the administration would also be able to shut down the border if crossings exceed 4,000 daily for a week. The border would only reopen if crossings dropped to 75 percent of that number over the course of a week. (This was a provision that many Republicans found to be unsatisfactory, contending that it allowed for too many crossings.)

Krish O’Mara Vignarajah, the director of the refugee resettlement organization Global Refuge, called that provision “deeply unsettling” because it would require the expulsion of migrants seeking asylum without recourse, and thus perhaps even a violation of international agreements like the Refugee Convention.

“I think at the end of the day, we all understand that bipartisanship requires compromise. But lawmakers have to ask themselves, does it require us to compromise our nation’s core values?” O’Mara Vignarajah said. “We’re trying to support the effort to fix the system but also ensure that it doesn’t preclude people in the most desperate of circumstances from exercising a legal right.”

There are elements of the legislation that humanitarian organizations would support, including offering 250,000 new visas for migrants who wish to work in the United States or join family members, making asylum-seekers eligible for work permits as they wait, and providing a pathway to citizenship for children of immigrants who came to the U.S. on certain work permits. However, as Hetfield put it, “the good stuff doesn’t compensate for all the bad stuff.”

Hetfield argued that economic circumstances “demand” immigration reform to help address the labor shortage. Many migrants are using the asylum system to get into the U.S. for work, he continued, even though that process is not designed for such a purpose. “What really drives me crazy is this line that Republicans have been giving for years, which is that ‘first we have to fix the border,’” Hetfield said. “It is one ecosystem.”

This article first appeared in Inside Washington, a weekly TNR newsletter authored by staff writer Grace Segers. Sign up here.

Vibe check: Update on the Afghan Adjustment Act

Each week, I provide an update on the vibes surrounding a particular policy or political development. This week: the future of a key bill to aid Afghan allies.

There were other elements of the initial legislation that did not make it into the second supplemental proposal, including a version of the Afghan Adjustment Act: a bill that would grant Afghan evacuees paroled into the U.S. after the withdrawal from Afghanistan a way to obtain permanent residency, and that would expand and streamline the Special Immigrant Visa process for allies still trapped in Afghanistan. Veterans groups and humanitarian organizations have been lobbying to pass the bill for years.

“We’re very unhappy about it not being in the bill right now,” said Senator Richard Blumenthal, one of the co-sponsors of the Afghan Adjustment Act.

The initial exclusion of the Afghan Adjustment Act was a major blow to the tens of thousands of Afghans paroled into the U.S., the allies still in Afghanistan, and their advocates stateside. However, there was a fervent behind-the-scenes effort by the bill’s supporters in the Senate to ensure it would receive a vote as an amendment—assuming, of course, that the underlying second supplemental could advance.

“We are trying to get a vote on that amendment,” Senator Chris Coons, one of the bill’s co-sponsors, told me on Wednesday afternoon. “There’s a strong bipartisan group that would support it.”

Although it was unclear whether there would be votes on amendments at the time of publication, the Afghan Adjustment Act might be a relatively popular addition.

“If it gets offered as an amendment, I’ll be voting for it,” said Senator Thom Tillis, a Republican co-sponsor of the Afghan Adjustment Act. “I’ve got to imagine that there are several members that would want to offer that up as one of the amendments.” Such an amendment might be brought by Senator Amy Klobuchar, who introduced the legislation in the Senate and has helped drive the behind-the-scenes effort to attach it to the supplemental.

Representative Earl Blumenauer, who introduced the bill in the House, said on Wednesday that the Afghan Adjustment Act is “noncontroversial” and has bipartisan support. (The bill is not entirely “noncontroversial”—GOP Senator Chuck Grassley previously blocked it due to concerns over vetting of parolees, even though the legislation would include an additional vetting process.)

But Blumenauer also highlighted the chaos that has consumed Congress, indicating that across-the-aisle endorsements may not be enough to get this portion over the finish line. “It’s a crazy time. I mean, who knows?” Blumenauer said.

For refugee advocates, the inclusion of the Afghan Adjustment Act in the initial supplemental legislation was a positive step forward—even if it didn’t make up for the provisions they did not like. “When you work in the immigration space, you’ve got to have hope,” said O’Mara Vignarajah. “But it still feels like an uphill battle.”

What I’m reading

Billy Joel said he’d retired from pop. Here’s what brought him back, by Caryn Ganz in The New York Times

It was a pleasure just to watch Carl Weathers move, by Matt Zoller Seitz in Vulture

We all know we should save the whales. What about the sardines? by Russell Jacobs in Slate

Team Cow or Team Soy: The milk wars roiling America, by Kristina Peterson in The Wall Street Journal

TikTok is full of tryhard slang, by Rebecca Jennings in Vox

Pet of the week

Want to have your pet included at the bottom of the next newsletter? Email me: gsegers@tnr.com.

This week’s featured pets are Bandit (left) and Cleo, submitted by Tal Kopan. The two are 7-year-old littermates; their favorite things include cuddles, scratchies, loudly hunting their toys in the middle of the night, and sharing Goldfish crackers for snack with their human sister.

INT. U.S. CAPITOL—OUTSIDE THE SENATE CHAMBER ON JANUARY 30, 2024

It’s been a few days since three U.S. service members were killed in a drone strike by an Iran-backed militia in Jordan. President JOE BIDEN has said that the U.S. “shall respond” but has not given details about what that response will be. Given the various ongoing conflicts in the Middle East—including Israel’s war against Hamas in Gaza, and recent U.S. airstrikes against Houthis in response to their disrupting traffic in the Red Sea—reporter GRACE SEGERS wonders whether lawmakers are concerned that the U.S. might become embroiled in yet another “forever war” in the Middle East. She questions senators across the ideological spectrum about this possibility.

Enter Senator TIM KAINE, a Democrat from Virginia who has co-sponsored legislation to repeal the 1991 and 2002 Authorizations for the Use of Military Force in Iraq.

KAINE:  We shouldn’t be in another war in the Middle East, but particularly without a congressional debate and vote. So self-defense is one thing, but escalating regional conflict with the U.S. involved and our troops at risk is something that should not happen without a congressional debate and vote.

Camera pans to the Senate basement. Grace asks Senator MIKE ROUNDS, a Republican from South Dakota, if he’s worried about the U.S. getting entangled in a larger conflict in the United States.

ROUNDS:  Sure, everybody should be. If we continue down this policy of not dealing with the problem children in the Middle East, yes. It started with a very, very poor policy with regard to Afghanistan, and now it’s continued on … where if you don’t deal with these individuals that are causing the problem up front, then they just continue to test the waters.

GRACE:  Isn’t there the threat that if you go down that route of responding, that then it could end up in a tit-for-tat?

ROUNDS:  We know what happens when you’re in a tit-for-tat, which is what we’re in right now. Where all we do is, just kind of push them a little bit, and then they go, “Oh, that wasn’t so bad.” So then they push back, and now they’re killing Americans. Bottom line is, they have to fear us, and they have to respect our military.

Back outside of the Senate chamber, we turn to Senator JOSH HAWLEY, a Republican from Missouri who has been skeptical of U.S. involvement in foreign conflicts.

HAWLEY:  We’ve got to find a way to isolate Iran, to cut off any kind of support from the international community, to return to something like we had in the previous administration, where they really were truly isolated. Their revenues were way down. I mean, that’s got to be our goal while we continue our pivot toward the Pacific, where our biggest enemy is in China, where our biggest national security threats are.

GRACE:  I think everyone wants to avoid another type of “forever war,” but do you feel as if there are steps that could be taken where the U.S. could go in that direction again?

HAWLEY:  I’m leery of anything that would get us more involved in the Mideast in terms of central command—the central command area of authority—in terms of more manpower, more hardware. We have finite resources, and we have threats all over the world, but we have to prioritize.… Do I want to do nothing with Iran? No, I think we need to retaliate. We certainly need to isolate them. But I think we want to be careful that we don’t find ourselves embroiled, we don’t take actions that can embroil us in a major military conflict.

INT. U.S. CAPITOL—IN THE SENATE BASEMENT ON JANUARY 31, 2024 Enter Senator CHRIS COONS, Democrat from Delaware, a close ally of Biden.

GRACE:  I’m wondering if you’re concerned at all—

COONS:  “Wondering if you’re concerned.” Oh, my. That’s quite a way to frame it.

GRACE:  Sure.

COONS:  Let’s try again.

GRACE:  How do you feel about the possibility that what’s happening in the Middle East could escalate into another type of “Forever War” that the U.S. could be embroiled in?

COONS:  (Laughs, shakes head) Well, that’s about as negative a way as you could possibly characterize it. “Are you concerned about another Forever War?” I mean the answer to any formulation like that is going to be, “Of course I’m concerned.” Let’s put it differently: How confident am I that President Biden is clear eyed about the risks in the Middle East and is taking measured, responsible steps to both deter aggression and defend our troops and yet avoid a regional conflagration? Highly confident.

One of the great things about having a president with 50 years of experience in foreign policy is, he’s very, very aware of the difficulties, the tension, the competition in the region; the differences between the Houthis, Hezbollah, Hamas; the different militias in Syria and Iraq; and the overarching role that Iran is playing. But I’m confident that he is carefully balancing how to deter Iran, how to strike back in a way that shows a firmness and determination to protect American troops, with an eye towards avoiding broadening the conflict.

Camera pans to GRACE, who looks directly into the lens as she offers the following analysis.

GRACE:  It’s still unclear to what extent the U.S. will become further engaged in conflicts in the Middle East in the coming weeks. While senators agree that Iranian-backed aggression should not go unheeded, the correct path for de-escalation is uncertain. While the prospects of another “forever war”—à la Afghanistan or Vietnam—are unappealing, time will tell whether the current conflict will evolve into a full-blown sequel.

Vibe check: Senate Republicans iffy on Mayorkas impeachment

Each week, I provide an update on the vibes surrounding a particular policy or political development. This week: how Senate Republicans are reacting to the impending impeachment of Homeland Security Secretary Alejandro Mayorkas.

The House Homeland Security Committee advanced articles of impeachment against Mayorkas early on Wednesday morning, after a brutally long and contentious hearing. (Readers will be unsurprised to learn that the articles, which have been decried by Democrats as a “political sham,” passed along party lines.)

With the full House expected to vote on the articles imminently, the Senate may soon undertake its third impeachment trial in five years—albeit the first trial for a Cabinet official in a century and a half. The outcome is a foregone conclusion: Sixty-seven senators would need to convict Mayorkas for him to be removed, which would never happen in the Democratic-controlled Senate. The impeachment discussion also comes as bipartisan negotiators toil over a legislative deal on border security, although it is one that House Republicans—spurred by former President Donald Trump—have insisted will be DOA in the lower chamber.

For their part, Senate Republicans are feeling mixed about the House sending articles of impeachment for Mayorkas their way. When I asked Senator Mitt Romney whether he believed an impeachment trial was the best use of the Senate’s time, he bluntly replied: “No.”

Senator Todd Young, who previously expressed frustration with the speedy timelines of the two Trump impeachment proceedings, highlighted “the importance of some measure of due process and building a very strong factual foundation before you impeach.”

“Otherwise you end up … with snap impeachments. I predicted this was what would happen. It is happening,” Young said. “There was a rush to impeach. There’s a rush to dispense with our consideration of the impeachment.”

Indeed, it’s possible that the Democratic-controlled Senate may try to avoid the issue altogether by moving to table the articles. “It’s going to be up to Senator Schumer how to proceed over here, I suspect,” predicted Senator John Cornyn, who is “all for” the House’s impeachment effort. “I suspect [Democrats] might try to table impeachment, which will take 51 votes, because they probably don’t want additional attention to their failures.”

Schumer, the Democratic majority leader, did not commit to a decision on holding a trial, saying the Senate will “see what the House does first.”

Even those who approve of the House’s actions could be noncommittal about the prospects of a trial. Senator Tommy Tuberville appeared broadly supportive of the effort, saying he was glad the House is “doing their work.” However, when asked about whether a trial would be a valuable use of time, Tuberville said, “Well, not our time, but their time.”

What I’m reading

The band that’s been charting America’s burnout for decades, by Spencer Kornhaber in The Atlantic

Are we sliding toward McCarthyism? by Emily Tamkin in The New Republic

​​Prisoners in the US are part of a hidden workforce linked to hundreds of popular food brands, by Robin McDowell and Margie Mason in the Associated Press

Tammy Murphy and the nepo state, by Simon van Zuylen-Wood in New York

Chita Rivera, electrifying star of Broadway and beyond, is dead at 91, by Robert D. McFadden in The New York Times

Pet of the week

Want to have your pet included at the bottom of the next newsletter? Email me: gsegers@tnr.com.

This week’s featured pet is Babs, submitted by Eleanor Mueller. The 6-year-old Babs acts exactly like a dog, according to Eleanor, even coming running when you walk in the door and climbing on top of you any time she can.