Analysis · Floor speech · beta

Richard J. Durbin

Democrat on Unanimous Consent Request--S. 3101 (Executive Session) 2026-07-30

1474 words · 88 sentences · 111 clauses

Statement grade

Average 76 / 100

A score under 50 is red. Choose a measurement to see where it lost points and why; choose it again to clear.

Procedure 10%Reasoning 16%The ask 2%Claims 54%Aside 4%Anecdote 12%Promise 3%

This view breaks the statement into its steps and names what each one does.

Mr. President, Procedure · 51 wordsreserving the right to object, I have been in the House and the Senate for quite a while. I have written a lot of bills and amendments. I have read even more. I am absolutely confounded by the language of this proposal, S. 3101, by my friend and colleague from Florida.Procedure Reasoning · 30 wordsThere are so many issues bouncing around in this proposal of a serious nature that we would be foolish to do this by voice vote here immediately in the Senate. The ask · 8 wordsThis deserves a real hearing, a real investigation, Reasoning · 15 wordsbecause it involves a lot of elements that affect many people personally, many families personally. Claims · 12 wordsWe are talking about reproductive rights. We are talking about personal freedom. Aside · 30 wordsI don’t have a medical license. Some of my colleagues like to practice medicine on the floor of the Senate. I tend to listen to the experts on the subject.Aside Procedure · 14 wordsBut I want to put this in perspective, if I can, for a moment.Procedure Claims · 8 wordsAt issue here is the issue of surrogacy. Procedure · 12 wordsHow do I explain that in a few words as a layman?Procedure Claims · 47 wordsIt is basically a person who says: This may not be a fertilized fetus that I have been responsible for creating, but I am willing to allow my body to have this fetus during the gestational period until its birth. That is the surrogacy involved in it. Procedure · 23 wordsLet’s put this into perspective for a moment, if we can. How many live births are there in the United States each year?Procedure Claims · 18 wordsThere are 3.6 million.¹ First, let’s go in vitro fertilization because that is part of this conversation too. Procedure · 17 wordsHow many in vitro fertilization births are there out of the 3.6 million births in this country?Procedure Claims · 11 wordsThere were 100,000--2.6 percent--in 2023 that were in vitro fertilization Surrogacy.² Aside · 28 wordsHow many gestational surrogacy births in the United States are there each year? I would ask the Senator from Florida. He may know, but I will tell him.Aside Claims · 37 wordsIt is somewhere between 5- and 6,000.³ It is a fraction of a percentage. Now, involved in this debate is the belief by some that we should allow no surrogacy. I am not one of those people. Procedure · 11 wordsLet me tell you a story of a family I know.Procedure Anecdote · 180 wordsHusband--father and mother decided they wanted to have a family. They went to great lengths through IVF so that she could become pregnant. It was a tragedy to them personally when they lost the baby late in the pregnancy. She was crushed. Her sister, who is a medical doctor, said: It appears you have some problems with delivering a child. Let me suggest to you that if you go through IVF, I will be the surrogate mother and carry the baby for you and your husband. They agreed. She went forward with it. And wouldn’t you know, shortly afterward, the IVF worked for the original mother, and she became pregnant as well. So sisters were pregnant by the same father and mother in this situation. It was an act of kindness and courage on the part of her sister to help them out. If you saw them in the park today with their little boy and little girl, you wouldn’t pick them out of a crowd, but through IVF and through surrogacy, they have a family that they dreamed of.Anecdote Reasoning · 20 wordsI think that is the right thing to do--legally and morally the right thing to do. Surrogacy has its place. Claims · 5 wordsIt is an exceptional procedure. Reasoning · 26 wordsWhen there are 5- or 6,000 a year in America, it is certainly not one that really can be argued is part of any large conspiracy. Claims · 87 wordsBut there are actually--we have had hearings in the Judiciary Committee--there are actually Republicans who believe--listen to this; it sounds preposterous--they believe there is some kind of effort in a nation like China to have babies born in the United States and then bring them back to China and prepare them to come back to the United States someday to undermine our government or something. We have had hearings on that. When you ask them ``How can you prove what you just said?’’ they have no evidence. Reasoning · 16 wordsBut it is a conspiracy theory, and it is part of the calculation behind this amendment. Claims · 19 wordsThis bill is purportedly about protecting our national security from foreign adversaries and protecting children from exploitation and trafficking. The ask · 20 wordsIf you want to introduce a bill to deal with trafficking or exploitation of children or others, count me in, Claims · 44 wordsbut this bill goes so much further. The Senator from Florida pointed out at one point a horrifying story of more than 20 children birthed by surrogate mothers.⁴ In one case, they were found abused and neglected in a home outside of Los Angeles.⁵ Reasoning · 15 wordsI am not in favor of those abuses. I join him in stopping human trafficking. Claims · 143 wordsBut this bill would not stop child abuse or trafficking.⁶ It would not prevent espionage by foreign adversaries. This bill will do nothing to prevent the situation that I just described in Los Angeles. Instead of targeting bad actors, this bill would restrict who can access or enter into surrogacy contracts based solely on the nationality of the parties involved.⁷ This bill is not only grounded in an objection to birthright citizenship but in some sort of a weird, unusual, national security theory that goes behind this. For the record, the Supreme Court has decided on birthright citizenship. And for the record, the 14th Amendment is as clear as can be: All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States.¹¹ The Supreme Court did not take long to agree with that, ¹²Reasoning · 20 wordsand I think that is part of the objection that is behind this amendment--the objection to that Supreme Court decision. Claims · 199 wordsInstead of targeting bad actors, this bill would restrict who can access or enter into surrogacy contracts based solely on the nationality of the parties involved. This bill voids all surrogacy agreements between a surrogate parent who is inside the United States at the time of the birth or who is a U.S. citizen or lawful permanent resident and a prospective parent who is a national or resident of certain countries.⁸ The bill criminalizes assisting with making or executing such a surrogacy agreement in any way.⁹ The bill’s plan would impact all surrogacy agreements with nationals from Russia, China, Iran, ¹⁰or North Korea. It does not allow for consideration of how long these parties have been in the United States or the nature of the surrogacy agreement. For example, it would prevent an Iranian asylum seeker and her spouse from starting a family. After the U.S. Supreme Court decision holding birthright citizenship as the law of the land, this bill reads like the latest MAGA conspiracy attempt to achieve what they were unable to achieve in the Supreme Court--ending birthright citizenship. State lawmakers from Florida and Texas are using similar legislation to chip away at access to reproductive rights.¹⁴ Procedure · 9 wordsThere was a controversy, and you may remember it, ProcedureClaims · 23 wordsas to whether or not in vitro fertilization is consistent with MAGA principles. They ultimately announced that it was, that IVF was fine, Reasoning · 28 wordsbut that just shows you that they have run into a number of cases already where the principles do not bear out the reality of life in America. Claims · 7 wordsSome are pushing to ban surrogacy altogether. Reasoning · 18 wordsThe case I gave you is a good illustration in my mind of why we shouldn’t do that. Claims · 17 wordsThey argue that the surrogacy agreement amounts to slavery and violated the 13th Amendment, a preposterous argument. Reasoning · 23 wordsVoiding and criminalizing surrogacy agreements with nationals from certain countries looks like the first step in a broader troubling plan to restrict surrogacy. Claims · 101 wordsCountless couples, families, and individuals facing fertility challenges rely on access to surrogacy and other reproductive services to have children. Most people seeking surrogacy in the United States are Americans. Some are foreign nationals who reside in the United States; others are foreigners who are turning to surrogacy in the United States because of limited access in their home countries. I support thoughtful efforts to ensure that access to surrogacy in the United States is not exploited by those seeking to abuse our laws.Vague promise This bill has been referred to the Judiciary Committee on which I serve and am ranking member.¹³ Promise · 21 wordsI would be happy to work with the Senator from Florida on the complex issues that he raises with the amendment.Vague promise Reasoning · 18 wordsWe won’t agree on everything, but we certainly would agree when we talk about exploitation and human trafficking. Claims · 21 wordsThis bill does nothing to address those two issues, which are a major concern for me as well as the sponsor. Promise · 16 wordsI hope we can work together to come up with something meaningful in the weeks ahead, Vague promiseProcedure · 6 wordsand for that reason, I object.Procedure

At a glance

Lost points for

Switch Claims on to list the checkable claims here.

What the tags mean

Signal · 61

38 of 41 deductions are Signal

Signal checks whether every part makes a point, gives a reason, or asks for action. A low score means the speaker filled time with fluff, pleasantries, or attacks.

Throat-clearing: announcing what you are about to say, or the House’s routine business.What the tags mean “reserving the right to object, I have been in the House and the Senate for quite a while.”Procedure or throat-clearing: no claim, reason or ask.
Throat-clearing: announcing what you are about to say, or the House’s routine business.What the tags mean “I have written a lot of bills and amendments.”Procedure or throat-clearing: no claim, reason or ask.
Throat-clearing: announcing what you are about to say, or the House’s routine business.What the tags mean “I have read even more.”Procedure or throat-clearing: no claim, reason or ask.
Throat-clearing: announcing what you are about to say, or the House’s routine business.What the tags mean “I am absolutely confounded by the language of this proposal, S.”Procedure or throat-clearing: no claim, reason or ask.
Throat-clearing: announcing what you are about to say, or the House’s routine business.What the tags mean “3101, by my friend and colleague from Florida.”Procedure or throat-clearing: no claim, reason or ask.
A remark off to the side of the point.What the tags mean “I don’t have a medical license.”An aside: no claim, reason or ask.
A remark off to the side of the point.What the tags mean “Some of my colleagues like to practice medicine on the floor of the Senate.”An aside: no claim, reason or ask.
A remark off to the side of the point.What the tags mean “I tend to listen to the experts on the subject.”An aside: no claim, reason or ask.
Throat-clearing: announcing what you are about to say, or the House’s routine business.What the tags mean “But I want to put this in perspective,”Procedure or throat-clearing: no claim, reason or ask.
Throat-clearing: announcing what you are about to say, or the House’s routine business.What the tags mean “if I can, for a moment.”Procedure or throat-clearing: no claim, reason or ask.
Throat-clearing: announcing what you are about to say, or the House’s routine business.What the tags mean “How do I explain that in a few words as a layman?”Procedure or throat-clearing: no claim, reason or ask.
Throat-clearing: announcing what you are about to say, or the House’s routine business.What the tags mean “Let’s put this into perspective for a moment,”Procedure or throat-clearing: no claim, reason or ask.
Throat-clearing: announcing what you are about to say, or the House’s routine business.What the tags mean “if we can.”Procedure or throat-clearing: no claim, reason or ask.
Throat-clearing: announcing what you are about to say, or the House’s routine business.What the tags mean “How many live births are there in the United States each year?”Procedure or throat-clearing: no claim, reason or ask.
Throat-clearing: announcing what you are about to say, or the House’s routine business.What the tags mean “How many in vitro fertilization births are there out of the 3.6 million births in this country?”Procedure or throat-clearing: no claim, reason or ask.
A remark off to the side of the point.What the tags mean “How many gestational surrogacy births in the United States are there each year?”An aside: no claim, reason or ask.
A remark off to the side of the point.What the tags mean “I would ask the Senator from Florida.”An aside: no claim, reason or ask.
A remark off to the side of the point.What the tags mean “He may know,”An aside: no claim, reason or ask.
A remark off to the side of the point.What the tags mean “but I will tell him.”An aside: no claim, reason or ask.
Throat-clearing: announcing what you are about to say, or the House’s routine business.What the tags mean “Let me tell you a story of a family I know.”Procedure or throat-clearing: no claim, reason or ask.
A story that illustrates instead of making a point.What the tags mean “Husband--father and mother decided they wanted to have a family.”An anecdote: it illustrates, it does not claim, reason or ask.
A story that illustrates instead of making a point.What the tags mean “They went to great lengths through IVF so that she could become pregnant.”An anecdote: it illustrates, it does not claim, reason or ask.
A story that illustrates instead of making a point.What the tags mean “It was a tragedy to them personally when they lost the baby late in the pregnancy.”An anecdote: it illustrates, it does not claim, reason or ask.
A story that illustrates instead of making a point.What the tags mean “She was crushed.”An anecdote: it illustrates, it does not claim, reason or ask.
A story that illustrates instead of making a point.What the tags mean “Her sister, who is a medical doctor, said:”An anecdote: it illustrates, it does not claim, reason or ask.
A story that illustrates instead of making a point.What the tags mean “It appears you have some problems with delivering a child.”An anecdote: it illustrates, it does not claim, reason or ask.
A story that illustrates instead of making a point.What the tags mean “Let me suggest to you that if you go through IVF, I will be the surrogate mother and carry the baby for you and your husband.”An anecdote: it illustrates, it does not claim, reason or ask.
A story that illustrates instead of making a point.What the tags mean “They agreed.”An anecdote: it illustrates, it does not claim, reason or ask.
A story that illustrates instead of making a point.What the tags mean “She went forward with it.”An anecdote: it illustrates, it does not claim, reason or ask.
A story that illustrates instead of making a point.What the tags mean “And wouldn’t you know, shortly afterward, the IVF worked for the original mother,”An anecdote: it illustrates, it does not claim, reason or ask.
A story that illustrates instead of making a point.What the tags mean “and she became pregnant as well.”An anecdote: it illustrates, it does not claim, reason or ask.
A story that illustrates instead of making a point.What the tags mean “So sisters were pregnant by the same father and mother in this situation.”An anecdote: it illustrates, it does not claim, reason or ask.
A story that illustrates instead of making a point.What the tags mean “It was an act of kindness and courage on the part of her sister to help them out.”An anecdote: it illustrates, it does not claim, reason or ask.
A story that illustrates instead of making a point.What the tags mean “If you saw them in the park today with their little boy and little girl, you wouldn’t pick them out of a crowd,”An anecdote: it illustrates, it does not claim, reason or ask.
A story that illustrates instead of making a point.What the tags mean “but through IVF and through surrogacy, they have a family that they dreamed of.”An anecdote: it illustrates, it does not claim, reason or ask.
Throat-clearing: announcing what you are about to say, or the House’s routine business.What the tags mean “There was a controversy,”Procedure or throat-clearing: no claim, reason or ask.
Throat-clearing: announcing what you are about to say, or the House’s routine business.What the tags mean “and you may remember it,”Procedure or throat-clearing: no claim, reason or ask.
Throat-clearing: announcing what you are about to say, or the House’s routine business.What the tags mean “and for that reason, I object.”Procedure or throat-clearing: no claim, reason or ask.

Relevance · no score

Not applicable: nothing to answer. Excluded from the average.

Relevance checks whether the speaker stays on topic and answers the question asked. A low score means the speaker dodged the issue.

Respect · no score

Not checked: graded before this measurement existed. Excluded from the average.

Respect checks whether the speaker argued with people’s positions and records rather than attacking the people: insults, mockery, or bad motives assigned to them. Criticism of what someone did, however strong, is not marked.

Clarity · 90

3 of 41 deductions are Clarity

Clarity checks for plain speaking, clear ownership of actions, and honest limits on certainty. A low score means vague promises or evasive language.

A promise with no date, no measure and no one responsible.What the tags mean “I support thoughtful efforts to ensure”Expresses support for efforts with no actor, measure, or success condition attached.
A promise with no date, no measure and no one responsible.What the tags mean “I would be happy to work with”A commitment to cooperate with no date, measure, or defined outcome.
A promise with no date, no measure and no one responsible.What the tags mean “come up with something meaningful in the weeks ahead”The goal ‘something meaningful’ has no actor, measure, or success condition.

Claims · 14

This list shows the factual statements you can check for yourself: the words as said, and the claim restated to stand on its own.

1“There are 3.6 million”There are about 3.6 million live births in the United States each year.search
2“There were 100,000--2.6 percent--in 2023”In 2023, about 100,000 of the roughly 3.6 million US births -- 2.6 percent -- resulted from in vitro fertilization.search
3“It is somewhere between 5- and 6,000.”There are roughly 5,000 to 6,000 gestational surrogacy births in the United States each year.search
4“more than 20 children birthed by surrogate mothers”The Senator from Florida cited a case of more than 20 children born to surrogate mothers.search
5“found abused and neglected in a home outside of Los Angeles”In that case, children were found abused and neglected in a home outside Los Angeles.search
6“this bill would not stop child abuse or trafficking”In the speaker’s reading of S. 3101, the bill would not stop child abuse or trafficking.search
7“this bill would restrict who can access or enter into surrogacy contracts based solely on the nationality of the parties involved”S. 3101 would restrict who can enter into surrogacy contracts based on the nationality of the parties involved.search
8“This bill voids all surrogacy agreements between a surrogate parent who is inside the United States at the time of the birth or who is a U.S. citizen or lawful permanent resident and a prospective parent who is a national or resident of certain countries.”S. 3101 voids surrogacy agreements between a surrogate in the United States (or a US citizen or lawful permanent resident) and a prospective parent who is a national or resident of certain countries.search
9“The bill criminalizes assisting with making or executing such a surrogacy agreement in any way.”S. 3101 criminalizes assisting with making or executing a covered surrogacy agreement in any way.search
10“all surrogacy agreements with nationals from Russia, China, Iran,”S. 3101 would affect surrogacy agreements involving nationals from Russia, China, Iran, and North Korea.search
11“All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States.”The 14th Amendment states that all persons born or naturalized in the United States and subject to its jurisdiction are citizens of the United States.search
12“The Supreme Court did not take long to agree with that,”The US Supreme Court has issued a decision upholding birthright citizenship as guaranteed by the 14th Amendment.search
13“This bill has been referred to the Judiciary Committee”S. 3101 has been referred to the Senate Judiciary Committee.search
14“State lawmakers from Florida and Texas are using similar legislation to chip away at access to reproductive rights.”State lawmakers in Florida and Texas have introduced legislation similar to S. 3101.search

Analyzed on 2026-09-16