A Senate Democratic aide, who spoke on condition of anonymity, also emphasized the importance of hearings as legislative repeal remains unlikely during the 112th Congress.

"One of the key steps that senators can take to build momentum is to have a hearing, or hearings, on the topic," the aide said. "I think a thorough and perhaps even a dramatic hearing could galvanize opinion in the Senate and hopefully even serve as a galvanizing moment more broadly in the public."