Tom McClintock on Abortion 2004 former Republican Challenger CA Governor

Voted YES on banning federal health coverage that includes abortion.

Congressional Summary:Prohibits the expenditure of federal funds for any abortion.
• Prohibits federal funds from being used for any health benefits coverage that includes coverage of abortion. (Currently, federal funds cannot be used for abortion services and health plans must keep federal funds segregated from any funds for abortion services.)
• Disallows any tax benefits for amounts paid or incurred for an abortion.
• Provides exceptions for pregnancies resulting from rape or incest; or life-endangering maternal condition.

Proponent's Argument for voting Yes:
[Rep. Fortenberry, R-NE]: Americans deserve to know how the government spends their money, and they are right to refuse the use of their tax dollars for highly controversial activities--in this case, abortion. Abortion harms women. It takes the lives of children, and it allows a man to escape his responsibility. The abortion industry many times profits from all of this pain. We can and must do better as a society, and at a minimum, taxpayer dollars should not be involved. This issue has manifested itself most intently during the health care debate. Unless a prohibition is enacted, taxpayers will fund abortion under the framework of the new health care law. Abortion is not health care.

Opponent's Argument for voting No:
[Rep. Louise Slaughter, D-NY]: H.R. 3 is actually dangerous for women's health. By refusing to provide any exceptions to women who are facing serious health conditions--cancer, heart or whatever that may be--you are forcing women to choose to risk their health or to risk bankruptcy, and I think that is morally unacceptable. Under H.R. 3, a woman facing cancer who needs to terminate a pregnancy in order to live might have to go into debt over the $10,000 that the legal and necessary procedure could cost. Despite having both health insurance and tax-preferred savings accounts, this bill would prevent her from having that.

Bar funding for abortion under federal Obamacare plans.

A bill to prohibit taxpayer funded abortions and to provide for conscience protections, and for other purposes:
• No funds authorized or appropriated by federal law, and none of the funds in any trust fund to which funds are authorized or appropriated by federal law, shall be expended for any abortion.
• None of the funds authorized or appropriated by federal law, and none of the funds in any trust fund to which funds are authorized or appropriated by federal law, shall be expended for health benefits coverage that includes coverage of abortion.
• No credit shall be allowed under the internal revenue laws with respect to amounts paid or incurred for an abortion or with respect to amounts paid or incurred for a health benefits plan (including premium assistance) that includes coverage of abortion.
• No health care service furnished or operated by the Federal government may include abortion.
• Nothing in this chapter shall be construed as prohibiting purchasing separate abortion coverage or health benefits coverage that includes abortion so long as such coverage is paid for entirely using non-federal funds.
• Nothing in this chapter shall be construed as restricting the ability of any nonfederal health benefits coverage provider from offering abortion coverage, so long as only non-federal funds are used and such coverage shall not be purchased using matching funds required for a federally subsidized program.
• The limitations shall not apply to an abortion if the pregnancy is the result of an act of forcible rape, or incest with a minor; or in the case the woman is in danger of death unless an abortion is performed.

Prohibit federal funding for abortion.

TITLE I: Prohibiting Federally-Funded Abortions and Providing for Conscience Protections
• Prohibits federal funds from being used for any health benefits coverage that includes coverage of abortion. (Currently, federal funds cannot be used for abortion services and plans receiving federal funds must keep federal funds segregated from any funds for abortion services.)
• Excludes from such prohibitions an abortion if: the pregnancy is the result of rape or incest; or the woman would be place in danger of death unless an abortion is performed.

TITLE II: Elimination of Certain Tax Benefits Relating to Abortion
• Disqualifies, for purposes of the tax deduction for medical expenses, any amounts paid for an abortion.
• Excludes from the definition of "qualified health plan" after 2013, for purposes of the refundable tax credit for premium assistance for such plans, any plan that includes coverage for abortion.

Prohibit federal funding to groups like Planned Parenthood.

Congressional Summary:Prohibits providing any federal family planning assistance to an entity unless the entity will not perform, and will not provide any funds to any other entity that performs, an abortion. Excludes an abortion where: (1) the pregnancy is the result of an act of rape or an act of incest against a minor; or (2) a physician certifies that the woman suffered from a physical disorder, injury, or illness that would place the woman in danger of death unless an abortion is performed.

Wikipedia Explanation:Title X of the Public Health Service Act, titled "Population Research and Voluntary Family Planning Programs" is a US government program dedicated to providing family planning services for those in need. Title X provides access to contraceptive services, supplies and information. Priority for services is given to persons of low-income.

Sponsor Remarks by Rep. Mike Pence:It is morally wrong to take the taxpayer dollars of millions of pro-life Americans and use them to promote abortion. Last year, Planned Parenthood received more than $363 million in revenue from government grants; and performed an unprecedented 324,008 abortions. The largest abortion provider in America should not also be the largest recipient of federal funding under Title X. The Title X Abortion Provider Prohibition Act will prevent any family planning funds under Title X from going to Planned Parenthood or other organizations that perform abortions. It will ensure that abortion providers are not being subsidized with federal tax dollars.

OnTheIssues Explanation: Federal money is never explicitly provided for abortions. But Planned Parenthood does provide abortions, paid for via private funds. At issue is the "fungibility" of money: Planned Parenthood can use federal funds to supplement their budget and hence free up other funds for abortion. This bill would end that practice.

No family planning assistance that includes abortion.

Prohibits providing any federal family planning assistance to an entity unless the entity certifies that, during the period of such assistance, the entity will not perform, and will not provide any funds to any other entity that performs, an abortion. Excludes an abortion where:

1. the pregnancy is the result of an act of rape or an act of incest; or
2. a physician certifies that the woman suffered from a physical disorder, injury, or illness that would place the woman in danger of death unless an abortion is performed, including a condition caused by or arising from the pregnancy.

No taxpayer funding of abortions via ObamaCare.

Heritage Action Summary: The No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act (H.R.7) would establish a permanent, government-wide prohibition on federal taxpayer funding of abortion and health benefits plans that include coverage of abortion, as well as prevent federal tax dollars from being entangled in abortion coverage under ObamaCare.

ACLU recommendation to vote NO: (1/22/2015): We urge voting against H.R. 7. The legislation is broad and deeply troubling and the ACLU opposes it [because] H.R. 7 would make discriminatory restrictions that harm women's health permanent law. The bill singles out and excludes abortion from a host of programs that fulfill the government's obligation to provide health care to certain populations. Women who rely on the government for their health care do not have access to a health care service readily available to women of means and women with private insurance. The government should not discriminate in this way. It should not use its power of the purse to intrude on a woman's decision whether to carry to term or to terminate her pregnancy and selectively withhold benefits because she seeks to exercise her right of reproductive choice in a manner the government disfavors.

Cato Institute recommendation to vote YES: (11/10/2009): President Obama's approach to health care reform--forcing taxpayers to subsidize health insurance for tens of millions of Americans--cannot not change the status quo on abortion. Either those taxpayer dollars will fund abortions, or the restrictions necessary to prevent taxpayer funding will curtail access to private abortion coverage. There is no middle ground.

Thus both sides' fears are justified. Both sides of the abortion debate are learning why government should not subsidize health care.

Legislative outcome: Passed by the House 242-179-12; never came to a vote in the Senate.

Ban abortion after 20 weeks, except for maternal life.

Heritage Action Summary: This legislation will protect unborn children by preventing abortions five months after fertilization, at which time scientific evidence suggests the child can feel pain.

ACLU recommendation to vote NO: (Letter to House of Representatives, 6/18/2013): The ACLU urges you to vote against the misleadingly-captioned "Pain-Capable Unborn Child Protection Act," which would ban abortion care starting at 20 weeks of pregnancy. H.R. 1797 [2013 version of H.R.36 in 2015] is part of a wave of ever-more extreme legislation attempting to restrict a woman's right to make her own decision about whether or not to continue a pregnancy. We have seen state after state try to take these decisions away from women and their families; H.R. 1797 would do the same nationwide. We oppose H.R. 1797 because it interferes in a woman's most personal, private medical decisions. H.R. 1797 bans abortions necessary to protect a woman's health, no matter how severe the situation. H.R. 1797 would force a woman and her doctor to wait until her condition was terminal to finally act to protect her health, but by then it may be too late. This restriction is not only cruel, it is blatantly unconstitutional.

Cato Institute recommendation to vote YES: (2/2/2011): Pro-lifers herald a breakthrough law passed by the Nebraska legislature on Oct. 15, 2010: the Pain Capable Unborn Child Protection Act prohibits abortion after 20 weeks gestation except when the mother has a condition which so "complicates her medical condition as to necessitate the abortion of her pregnancy to avert death or to avert serious risk of substantial or irreversible physical impairment of a major bodily function." Versions of the Pain Capable Unborn Child Protection Act are [being] introduced in a number of state legislatures.

Legislative outcome: Passed by the House 242-184-6; never came to a vote in the Senate.

Include pre-born human beings in 14th Amendment protection.

A bill to implement equal protection under the 14th Amendment to the Constitution of the United States for the right to life of each born and preborn human person.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, to implement equal protection for the right to life of each born and preborn human person, the Congress hereby declares that the right to life guaranteed by the Constitution is vested in each human being.

Nothing in this Act shall be construed to require the prosecution of any woman for the death of her unborn child, a prohibition on in vitro fertilization, or a prohibition on use of birth control or another means of preventing fertilization.

In this Act, the terms `human person` and `human being` include each member of the species homo sapiens at all stages of life, including the moment of fertilization or cloning, or other moment at which an individual member of the human species comes into being.

Sponsored bill to protect infant survivors of abortion.

S.311/H.R.962: Born-Alive Abortion Survivors Protection Act: Congress finds the following:

• If an abortion results in the live birth of an infant, the infant is a legal person for all purposes under the laws of the United States, and entitled to all the protections of such laws.
• (2) Any infant born alive after an abortion or within a hospital, clinic, or other facility has the same claim to the protection of the law that would arise for any newborn, or for any person who comes to a hospital, clinic, or other facility for screening and treatment or otherwise becomes a patient within its care.
• In the case of an attempted abortion that results in a child born alive, any health care practitioner present at the time the child is born alive shall exercise the same degree of professional skill, care, and diligence to preserve the life and health of the child as a reasonably diligent and conscientious health care practitioner would render to any other child born alive at the same gestational age.

Opposing argument from Rewire.com, "Born Alive Propaganda," by Calla Hales, 4/12/2019: From restrictive bans at various points of pregnancy to a proposed death penalty for seeking care, both federal and state legislators are taking aim at abortion rights. The goal? To make abortion illegal, criminalizing patients and providers in the process. One kind of bill making a recent resurgence is the "Born-Alive Abortion Survivors Protection Act." These bills aim to further the false narrative that abortions regularly occur immediately before or, according to the president, at the time of birth. Intentional action to end the life of an infant is already illegal. This is covered by federal and state infanticide laws. These bills do nothing but vilify physicians who provide reproductive health care.

Legislative outcome Referred to Committee in House; Senate motion to proceed rejected, 56-41-3 (60 required).