Efforts to repeal Hyde Amendment on abortion fizzle in Senate, stalling Biden’s promise

During the 2020 presidential race, Joe Biden promised to repeal the Hyde Amendment, which says federal funds can't be used to pay for abortions, except in cases of rape, incest or to save the woman's life.

The amendment has been included in every enacted federal spending bill since 1976.

Critics say the provision hurts lower-income women, especially women of color. That's because the provision's biggest impact is on Medicaid, the federal-state program that provides health insurance to low-income Americans. In all, 16 states fund all or most abortions using state money alone. Most other states only allow abortions under Medicaid in cases or rape, incest, or to save the life of the mother, which is allowed under Hyde.

In 2021, the Democratic-majority House for the first time ever passed spending legislation that did not include the Hyde provision. However, by the time that legislation was reconciled with Senate measures and passed into law, the Hyde Amendment was back in place.

Democratic members of the House and Senate have both introduced spending measures for 2023 that do not include the Hyde Amendment, said Morgan Hopkins, president of All* Above All, a group that advocates for abortion access.

But with Republicans taking control of the House in January 2023, the prospects for eliminating the Hyde Amendment have diminished.

"We expect Hyde to be included" in coming spending bills, said Mary Owens, communications director for Susan B. Anthony Pro-Life America. She added that the inclusion of the Hyde Amendment would be "non-negotiable" for most congressional Republicans.

So while the Democratic push to eliminate the Hyde Amendment has succeeded in the House during Biden's presidency, the status quo prevailed in the end, and the amendment made it into enacted bills. The likelihood that Biden's promise will succeed in a GOP-controlled House is low.

We rate this promise Stalled.