It’s not really noteworthy when U.S. Sen. John Kennedy has a viral moment from a congressional hearing.
It actually happens all the time. Hearings on Capitol Hill have long since morphed from fact-finding vehicles to showcases for political rhetoric — the more outrageous, the more widely shared.
And if there’s anything the Republican junior senator from Louisiana does well these days, it’s create such moments. Remember the time he dramatically wondered aloud whether he should address a Soviet-born and raised nominee for a Biden administration position as “comrade?” Good times.
But last week’s Judiciary subcommittee hearing on interstate travel for abortion was different.
There was a viral Kennedy moment, to be sure, but this one didn’t involve one of his trademark personal insults or chicken-fried quips. This time, he didn’t talk much at all, although he tried to. Instead, he actually had to listen as he got dressed down for playing politics with an issue that deeply affects people's lives.
To set the scene, here’s how Kennedy prefaced his questioning. Rather than focus on challenges the U.S. Supreme Court created for women when it overturned Roe v. Wade two years ago, Kennedy used the hearing to trumpet a danger he claims to see in a Democratic proposal to codify abortion rights nationally.
“This will allow the right to terminate a pregnancy after viability, basically terminate a pregnancy at any time for any reason,” Kennedy argued. “The day before a baby is born, a mother could decide to terminate that pregnancy, for whatever reason. She doesn't have to give a reason. Maybe she's changed her mind about having a baby. Maybe she's not happy with the baby's gender,” he alleged.
Kennedy acknowledged that he didn’t know if such things actually happen, although he kept insisting his hypothetical is “very realistic.”
What we do know — what is already happening in states like Louisiana that have imposed near-total bans on the procedure — is that pregnant women facing major health challenges are struggling to get adequate care.
Still, Kennedy pushed the point and waved away counterclaims that his imagined scenario is simply not plausible. That’s when he ran up against a witness who called him out more effectively than anyone I’ve ever seen.
Her name is Jocelyn Frye. She’s president of the National Partnership for Women & Families, and she managed to get an extensive response on record without Kennedy cutting her off, which is a feat in itself.
“Well, Senator, first of all, don't ask a question if you don't want to know the answer,” Frye said. “One percent of abortions happen at 21 weeks or later. So I think the premise of your question sets up a conversation about abortion that is unfair. Rarely is that ever the instance. The vast majority of pregnancies and abortions that are considered late in a pregnancy have to do with severe, devastating medical circumstances.
“And I understand your point, Senator, I understand your point. But with all due respect, I also think (focusing on) the chances of people getting all the way through a pregnancy and just sort of saying, ‘I don't want it’ is disrespectful to women.”
There you have it. Disrespectful to women facing heartrending situations in real life, not in a fictional alternate universe. In a calm, commanding tone, Frye owned the moment by taking the issue seriously, which served to highlight the unseriousness of the senator’s grandstanding.
Let’s get real. Do you know that woman Kennedy described? I sure don’t. But do you know women who’ve struggled with all the difficult decisions that either an unplanned or a badly wanted but ill-fated pregnancy brings? Hell yeah. They, not Kennedy’s mythical she-monster, were supposed to be the focus of this hearing.
It’s not that Kennedy isn’t capable of recognizing challenges families face in real life. He’s a smart guy who actually favored abortion rights back when he was a Democrat. And long before female political candidates in Louisiana started getting sexist pushback for asking to use campaign money for election-season child care, he sought and received permission for his own family do to it, as Julie O’Donoghue of the Louisiana Illuminator recently reminded us.
Since the Supreme Court acted, Kennedy’s female constituents — including those who face heartbreaking choices later in pregnancy — have seen more than enough far-right grandstanding over abortion and other reproductive issues, not only in Washington but in Baton Rouge, including in the recent regular legislative session.
In fact, a lot of Louisiana state lawmakers could probably use the sort of talking-to that Frye delivered to Kennedy last week.
Although they’re as unlikely as the senator is to hear it.