Marcia Fudge on Abortion

Endorsed by EMILY’s List for pro-choice women

With more than 100,000 members across the country, EMILY’s List is one of the largest political action committees in the nation. Since its founding in 1985, EMILY’s List has helped elect hundreds of pro-choice Democratic women.

Voted NO 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.

Let military perform abortions in cases of rape or incest.

Military Access to Reproductive Care and Health for Military Women Act or the MARCH for Military Women Act - Amends the prohibition on using funds available to the Department of Defense (DOD) to perform abortions by adding an exception for cases where the pregnancy is the result of rape or incest. (Current law provides an exception only where the life of the mother would be endangered if the fetus were carried to term.) Repeals a statutory restriction on using a medical treatment facility or other facility of the DOD to perform an abortion.

[Explanatory note from campusprogress.org "Military Reproductive Rights Bill", 7/5/11]:

Currently, the health coverage U.S. servicewomen have doesn't cover abortion, even in the case of rape or incest. U.S. servicewomen are also not permitted to use their own money to pay for an abortion at a military hospital. Military women stationed abroad are most affected by this regulation, as they would be forced to seek abortion services at foreign hospitals, which may be unsafe, or request permission from a supervisor to leave the country, which forces them to divulge that they are seeking an abortion. Most other American women who receive health care from the government but are not in the service can receive abortions in the case of rape, incest, or to the save the life of the mother. The MARCH for Military Women Act would give servicewomen coverage for abortion in the case of rape or incest and allow them to use their own funds for abortion at a U.S. military facility. NARAL Pro-Choice America and Planned Parenthood are among many organizations that support this legislation.

Ban anti-abortion limitations on abortion services.

Congressional summary:: Women's Health Protection Act: makes the following limitations concerning abortion services unlawful and prohibits their imposition or application by any government:

• a requirement that a medical professional perform specific tests, unless generally required in the case of medically comparable procedures;
• a limitation on an abortion provider's ability to delegate tasks;
• a limitation on an abortion provider's ability to prescribe or dispense drugs based on her or his good-faith medical judgment;
• a requirement or limitation concerning the physical plant, equipment, staffing, or hospital transfer arrangements;
• a requirement that, prior to obtaining an abortion, a woman make medically unnecessary visits to the provider of abortion services or to any individual or entity that does not provide such services;
• a prohibition or ban prior to fetal viability

Opponent's argument against (Live Action News): This is Roe v. Wade on steroids. The bill is problematic from the very beginning. Its first finding addresses "women's ability to participate equally"; many have rejected this claim that women need abortion in order to be equal to men, or that they need to be like men at all. The sponsors of this pro-abortion bill also seem to feel that pro-life bills have had their time in this country, and that we must now turn back to abortion. The bill also demonstrates that its proponents have likely not even bothered attempting to understand the laws they are seeking to undo, considering that such laws are in place to regulate abortion in order to make it safer. Those who feel that abortion is best left up for the states to decide will also find this bill problematic with its overreach. Sadly, the bill also uses the Fourteenth Amendment to justify abortion, as the Supreme Court did, even though in actuality it would make much more sense to protect the lives of unborn Americans.

Access safe, legal abortion without restrictions.

Congressional Summary: Congress finds the following:

Access to safe, legal abortion services has been hindered in various ways, including blockades of health care facilities; restrictions on insurance coverage; restrictions on minors' ability to obtain services; and requirements that single out abortion providers.
• These restrictions harm women's health by reducing access to the other essential health care services offered by the providers targeted by the restrictions, including contraceptive services.
• The cumulative effect of these numerous restrictions has been that a woman's ability to exercise her constitutional rights is dependent on the State in which she lives.
• It is the purpose of this Act to protect women's health by ensuring that abortion services will continue to be available and that abortion providers are not singled out for medically unwarranted restrictions

Opponents reasons for voting NAY:(National Review, July 17, 2014): During hearings on S. 1696, Senators heard many myths from abortion proponents about the "need" for the bill's evisceration of all life-affirming legislation.

• Myth: Life-affirming laws are enacted "under the false pretext of health and safety."
  Fact: Induced abortion is associated with significant risks and potential harms to women.
• Myth: "Where abortion services are restricted and unavailable, abortions still occur and are mostly unsafe."
  Fact: Where abortion is restricted, maternal mortality rates have decreased.
• Myth: Admitting privileges laws are "not medically justified."
  Fact: Women with abortion complications are told to go to an emergency department. This would constitute malpractice in any other scenario.
• Myth: Ultrasounds and their descriptions are "cruel and inhumane."
  Fact: Allowing women the opportunity to view their ultrasounds serves an important role in providing informed consent, enabling women to exercise true choice.

Funding abortion avoids discrimination against poor women.

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.

Constitutional right to terminate pregnancy for health.

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.