The U.S. Senate is gearing up for a second vote this year on legislation that would enshrine nationwide protections for in vitro fertilization (IVF), marking a renewed effort by Democrats to press Republicans on women’s health issues ahead of the 2024 elections.

Scheduled for a vote on Tuesday, the bill aims to create a federal right to IVF, a procedure that has been at the center of political debates, particularly in states with restrictive reproductive laws. While the legislation faces slim chances of passing in the current Congress, Democrats are using the vote to underscore their stance on reproductive rights and to challenge Republican candidates on the issue.

This legislative push is also seen as a way to differentiate Vice President Kamala Harris from former President Donald Trump, as both prepare for the upcoming presidential election. Trump, who has called himself a “leader on IVF,” has addressed the topic as part of his broader stance on fertility treatments.

The momentum behind this legislation gained traction earlier in 2023, when the Alabama Supreme Court ruled that frozen embryos could be considered children under state law. This controversial decision led some clinics in Alabama to halt IVF treatments until the state’s GOP-controlled legislature quickly passed a law ensuring legal protections for clinics performing the procedure.

In response, Democrats, led by Illinois Senator Tammy Duckworth, introduced legislation aimed at establishing federal protections for IVF. Duckworth, a military veteran who used IVF to have her two children, has been vocal in her support for the bill. "How dare you," she said, addressing Republicans after the first vote blocking the bill in June.

Senate Majority Leader Chuck Schumer, D-N.Y., pointed out the threat that a hard-right agenda poses to IVF, following the Supreme Court’s 2022 decision to overturn Roe v. Wade. He warned that the conservative majority on the court could eventually target fertility treatments like IVF.

The June vote saw all but two Republicans opposing the legislation, with many arguing that the federal government should not impose mandates on states. They labeled the Democrats' bill as a politically motivated move rather than a serious legislative effort. Despite this, many Republicans have made it clear they support IVF treatments, distancing themselves from any notion of banning the practice.

Former President Trump, for instance, emphasized his support for IVF during a recent debate with Vice President Harris, referencing the Alabama Supreme Court’s ruling as “very negative” before it was reversed by the state legislature. He also floated the idea of requiring health insurance companies or the federal government to cover the costs of fertility treatments, though his announcement lacked further details.

Republican Senators Ted Cruz of Texas and Katie Britt of Alabama introduced their own countermeasure earlier this year. Their bill sought to penalize states that banned IVF by threatening to withhold Medicaid funding. However, the proposal did not gain traction, with Democrats blocking it, arguing that the measure did not go far enough to protect reproductive rights.

The issue of IVF protections has put some Republican lawmakers in a difficult position. As states pass restrictive reproductive laws, some of which grant legal personhood to embryos, these laws could unintentionally limit or ban IVF, a procedure that often results in the destruction of unused embryos. This potential consequence has spurred concern even among Republicans, with Senator Rick Scott of Florida acknowledging that his daughter is currently undergoing IVF treatments.

Scott has proposed legislation that would expand the flexibility of health savings accounts to cover IVF-related costs, a measure that Republicans argue would support the procedure without overstepping state authority.

Senator Cruz, who faces reelection in Texas, has criticized Democrats' push for federal IVF protections as a “cynical political decision,” framing the issue as part of a broader effort to score political points in the lead-up to the 2024 election.

With the ongoing legal and political debates surrounding reproductive rights in the U.S., IVF has become a flashpoint in the larger conversation about healthcare and family planning. For the Democrats, Tuesday’s vote represents a chance to highlight their commitment to expanding access to reproductive health services, while Republicans continue to navigate the complexities of balancing state rights with individual freedoms.

Though the bill is unlikely to pass, the vote is seen as a strategic move to emphasize differences on women’s health between Democratic and Republican candidates. It also adds to the broader election-year dynamics that will shape the 2024 presidential race, particularly as reproductive rights continue to be a key issue for voters across the country.