Warren, who prefers abortions being kept as a right, says the bill "does not codify Roe," giving a hit to the legislation that requires the back of all 50 Democratic senators and a handful of Republicans.
"The Kaine-Collins bill does not codify Roe," Warren told NBC News Tuesday night. "The problem here is this bill is not an obvious improvement over where we stand right now."
Warren's remarks pile on to a lack of GOP support that is poised to stop the legislation from clearing the 60 votes it needs to move to a final vote.
The bipartisan bill, the Reproductive Freedom For All Act, was introduced by Sens. Tim Kaine (D-VA), Lisa Murkowski (R-AK), Kyrsten Sinema (D-AZ), and Susan Collins (R-ME) on Monday and would "enact in federal law the essential holdings of Roe v. Wade," according to a joint statement.
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“We don’t have 60 votes, but I have a feeling that the post-Dobbs reality of 10 years olds being smuggled across state borders,” could change things, Kaine told NBC Monday night. He noted that the bipartisan legislation was written after the Dobbs decision.
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"Our bill is a time machine and we take the law back to where it was the day before Dobbs. And not everybody loved that law, but at least it had the virtue of women had been able to rely on it for 50 years," he added.
"After the Supreme Court gutted a woman’s right to make personal healthcare decisions, Congress must restore that right,” Kaine said. "That’s why I’ve worked with my colleagues to find common ground on this bipartisan compromise that would do just that. The Reproductive Freedom For All Act would restore the right to abortion and protect access to contraception by enshrining those freedoms into federal legislation.”
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The legislation would prohibit state regulations that impose an "undue burden on a woman’s access to pre-viability abortions," while allowing states to impose "reasonable restrictions on post-viability abortions." It would also protect access to contraceptives.
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The bill is seen as a settlement after a Democratic-led measure, the Women's Health Protection Act that would have codified Roe v. Wade into law, failed on the Senate floor twice. Warren's colleagues on the Left, such as Sen. Bernie Sanders (I-VT), have previously called for more sweeping measures, claiming the Senate should end the filibuster to codify Roe.
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