A controversial bill , 168 voted against it , leaving it short of the two - thirds needed for passage . Under the bill , doctors who performed such abortions could face up to five years in prison . Michigan Rep. John Conyers , the top Democrat on the House Judiciary Committee , asserted Wednesday that the bill `` tramples ( on ) the rights of women under the guise of nondiscrimination , while doing absolutely nothing to provide women with needed resources for their babies , female and male . '' Democrats call the bill an unneeded distraction from the economic crisis . The support of two - thirds of House members was necessary for the bill for it to pass .
A controversial bill , 168 voted against it , leaving it short of the two - thirds needed for passage . Under the bill , doctors who performed such abortions could face up to five years in prison . Democrats call the bill an unneeded distraction from the economic crisis . The support of two - thirds of House members was necessary for the bill for it to pass .