One of Republican senators’ key demands when it comes to health care negotiations and the Affordable Care Act has been to ensure that federal money is not going toward abortions.
That red line has essentially stalled any legislation in the Senate that does not contain provisions reinforcing the Hyde Amendment, a federal law banning federal funds from being used to cover the cost of abortion.
But President Donald Trump told House Republicans on Tuesday morning that the party needs to be “flexible on Hyde.” Senate Republicans are now in a state of confusion about how to move forward.
“Our conference has generally gone out of its way to be very protective of Hyde, and it will be interesting to see how that affects legislation moving forward,” Sen. Cynthia Lummis told NOTUS. “That’s kind of a sea change.”
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Lummis added that the president’s statements could “have a chilling effect in moving forward legislatively.”
Even Republican leadership in the chamber was stumped. Senate Majority Leader John Thune told reporters the conference will have to “dissect exactly what all that translates into,” when asked about the president’s comments.
Similarly, Sen. Bill Cassidy, chair of the Senate Health, Education, Labor, and Pensions Committee, was surprised when NOTUS asked for his reaction: “I need some definitions.”
The House will vote later this week on a Democratic bill to expand ACA subsidies, which expired in December. While some House Republicans are expected to join Democrats in passing the bill in the chamber, the legislation’s fate in the Senate, so far, is unclear, as it lacks any additional Hyde-specific provisions.
Sen. Lindsey Graham, a staunch ally to the anti-abortion movement, told NOTUS he is “open-minded to any ideas the president has.” But, he then added, “as a pro-life Republican, I think there’s support for the idea of making sure public dollars are not used for abortions.” (Polling on the issue of federal funds for abortion providers, including Planned Parenthood, is divided — and part of the answer depends on how a survey question is written.)
Anti-abortion leaders quickly put out statements criticizing Trump’s comments.
“For decades, opposition to taxpayer funding of abortion and support for the Hyde Amendment has been an unshakeable bedrock principle and a minimum standard in the Republican Party,” Marjorie Dannenfelser, president of Susan B. Anthony Pro-Life America, said in a statement. “To suggest Republicans should be ‘flexible’ is an abandonment of this decades-long commitment. If Republicans abandon Hyde, they are sure to lose this November.”
Prior to taking office, Trump removed all mentions of Hyde, as well as language opposing federal funding for abortions, from the Republican Party platform in 2024. However, he did declare as one of his first presidential actions in his second term that “it is the policy of the United States, consistent with the Hyde Amendment, to end the forced use of Federal taxpayer dollars to fund or promote elective abortion.”
“President Trump and congressional Republicans must follow through, not abandon, this commitment,” Dannenfelser said.
Shortly after Trump’s comments, some Republicans, at least publicly, reiterated their support for the Hyde Amendment and its role in health care discussions.
“I’ve been very consistent and firm in my position, as have many of my colleagues, that Hyde protection, which is not something new, existed for many, many years, and it’s been federal law for decades,” Sen. Steve Daines told NOTUS. “They need to be part of any kind of negotiation deal that might be struck.”
Sen. Rick Scott said that he is not “going to change my position with regard to taxpayers should not be paying for abortion.”
Hyde “stands for the value of every single child that we do not allow federal dollars to be able to go towards the taking of human life,” Sen. James Lankford told NOTUS. He later added that while he was unaware of the president’s exact comments, “I’m not flexible on the value of human life.”
Even so, some Republicans are bracing for changes.
“I can’t enter [Trump’s] mind and understand what kind of examples are floating around in his mind, but it can thaw ideas,” Lummis said.
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