WASHINGTON (WAVY) – The Senate defeated the Women’s Health Protection Act Wednesday afternoon by a vote of 49 in favor, and 51 opposed. It would have needed 60 votes to overcome a filibuster.

The legislation would have put a woman’s right to abortion into law. The vote came on the heels of the leaking last week of a draft Supreme Court opinion that signaled a reversal of Roe v. Wade, the landmark 1973 opinion that supported a woman’s right to an abortion.

Sen. Mark Warner (D-Va.) and Sen. Tim Kaine (D-Va.) both voted in favor of the bill.

“There has been quite a legal bombshell with the leaking of a Supreme Court opinion that has gone much farther than anyone believed,” Kaine told reporters in a Wednesday morning conference call. He said the leaked opinion would overturn sixty years of Supreme Court precedent reaching back even further that Roe v. Wade. Chief Justice John Roberts emphasized the document, originally reported by Politico, was not final or official.

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Kaine stopped short of commenting on what effect the bill’s defeat might have on midterm voting in November, but a colleague is speaking out.

“We’re going to remember everyone who votes against the right to an abortion,” said Sen. Patty Murray (D-Washington). “And this November we’ll use our voices and our votes. We’re not going to let anyone forget.”

The Senate Minority says the GOP wants to return abortion regulation back to the individual states.

“I think the widespread sentiment of my conference is this issue will be dealt with at the state level.” said Sen. Mitch McConnell (R-Ky).

But Kaine says the Supreme Court needs to recognize the right to an abortion as a fundamental personal liberty under the 14th Amendment — just as it has in matters such as marriage, voting, contraception and where you send your kids to school.

“We leave much to the states, but I don’t think we should leave fundamental human liberties to let states trample on them at will,” Kaine said.

Kaine said the defeat of the Women’s Health Protection Act is not a “one and done” and vowed to seek other means and strategies to preserve abortion rights.