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Wally Herger on Abortion

Republican Representative (CA-2)


Voted YES on banning federal health coverage that includes abortion.

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.

Reference: No Taxpayer Funding for Abortion Act; Bill H.3 ; vote number 11-HV292 on May 4, 2011

Voted NO on expanding research to more embryonic stem cell lines.

Allows federal funding for research that utilizes human embryonic stem cells, regardless of the date on which the stem cells were derived from a human embryo, provided such embryos:
  1. have been donated from in vitro fertilization clinics;
  2. were created for the purposes of fertility treatment;
  3. were in excess of the needs of the individuals seeking such treatment and would otherwise be discarded; and
  4. were donated by such individuals with written informed consent and without any financial or other inducements.

Proponents support voting YES because:

Since 2 years ago, the last Stem Cell bill, public support has surged for stem cells. Research is proceeding unfettered and, in some cases, without ethical standards in other countries. And even when these countries have ethical standards, our failures are allowing them to gain the scientific edge over the US. Some suggest that it is Congress' role to tell researchers what kinds of cells to use. I suggest we are not the arbiters of research. Instead, we should foster all of these methods, and we should adequately fund and have ethical oversight over all ethical stem cell research.

Opponents support voting NO because:

A good deal has changed in the world of science. Amniotic fluid stem cells are now available to open a broad new area of research. I think the American people would welcome us having a hearing to understand more about this promising new area of science. As it stands today, we will simply have to debate the bill on the merits of information that is well over 2 years old, and I think that is unfortunate.

The recent findings of the pluripotent epithelial cells demonstrates how quickly the world has changed. Wouldn't it be nice to have the researcher before our committee and be able to ask those questions so we may make the best possible judgment for the American people?

Reference: Stem Cell Research Enhancement Act; Bill HR 3 ("First 100 hours") ; vote number 2007-020 on Jan 11, 2007

Voted NO on allowing human embryonic stem cell research.

To provide for human embryonic stem cell research. A YES vote would:
Reference: Stem Cell Research Enhancement Act; Bill HR 810 ; vote number 2005-204 on May 24, 2005

Voted YES on restricting interstate transport of minors to get abortions.

To prevent the transportation of minors in circumvention of certain laws relating to abortion, and for other purposes, including:
Reference: Child Interstate Abortion Notification Act; Bill HR 748 ; vote number 2005-144 on Apr 27, 2005

Voted YES on making it a crime to harm a fetus during another crime.

Vote to pass a bill that would make it a criminal offense to harm or kill a fetus during the commission of a violent crime. The measure would set criminal penalties, the same as those that would apply if harm or death happened to the pregnant woman, for those who harm a fetus. It is not required that the individual have prior knowledge of the pregnancy or intent to harm the fetus. This bill prohibits the death penalty from being imposed for such an offense. The bill states that its provisions should not be interpreted to apply a woman's actions with respect to her pregnancy.
Reference: Unborn Victims of Violence Act; Bill HR 1997 ; vote number 2004-31 on Feb 26, 2004

Voted YES on banning partial-birth abortion except to save mother’s life.

Partial-Birth Abortion Ban Act of 2003: Vote to pass a bill banning a medical procedure, which is commonly known as "partial-birth" abortion. The procedure would be allowed only in cases in which a women's life is in danger, not for cases where a women's health is in danger. Those who performed this procedure, would face fines and up to two years in prison, the women to whom this procedure is performed on are not held criminally liable.
Reference: Bill sponsored by Santorum, R-PA; Bill S.3 ; vote number 2003-530 on Oct 2, 2003

Voted YES on forbidding human cloning for reproduction & medical research.

Vote to pass a bill that would forbid human cloning and punish violators with up to 10 years in prison and fines of at least $1 million. The bill would ban human cloning, and any attempts at human cloning, for both reproductive purposes and medical research. Also forbidden is the importing of cloned embryos or products made from them.
Reference: Human Cloning Prohibition Act; Bill HR 534 ; vote number 2003-39 on Feb 27, 2003

Voted YES on funding for health providers who don't provide abortion info.

Abortion Non-Discrimination Act of 2002: Vote to pass a bill that would prohibit the federal, state and local governments that receive federal funding from discriminating against health care providers, health insurers, health maintenance organizations, and any other kind of health care facility, organization or plan, that decline to refer patients for, pay for or provide abortion services. In addition the bill would expand an existing law "conscience clause" that protects physician training programs that refuse to provide training for abortion procedures.
Reference: Bill sponsored by Bilirakis, R-FL; Bill HR 4691 ; vote number 2002-412 on Sep 25, 2002

Voted YES on banning Family Planning funding in US aid abroad.

Vote to adopt an amendment that would remove language reversing President Bush's restrictions on funding to family planning groups that provide abortion services, counseling or advocacy.
Reference: Amendment sponsored by Hyde, R-IL; Bill HR 1646 ; vote number 2001-115 on May 16, 2001

Voted YES on federal crime to harm fetus while committing other crimes.

Vote to pass a bill that would make it a federal crime to harm a fetus while committing any of 68 federal offenses or a crime under military law. Abortion doctors and women whose own actions harmed their fetuses would be exempt.
Reference: Bill sponsored by Graham, R-SC; Bill HR 503 ; vote number 2001-89 on Apr 26, 2001

Voted YES on banning partial-birth abortions.

HR 3660 would ban doctors from performing the abortion procedure called "dilation and extraction" [also known as “partial-birth” abortion]. The measure would allow the procedure only if the life of the woman is at risk.
Reference: Bill sponsored by Canady, R-FL; Bill HR 3660 ; vote number 2000-104 on Apr 5, 2000

Voted YES on barring transporting minors to get an abortion.

The Child Custody Protection Act makes it a federal crime to transport a minor across state lines for the purpose of obtaining an abortion.
Reference: Bill sponsored by Ros-Lehtinen, R-FL; Bill HR 1218 ; vote number 1999-261 on Jun 30, 1999

Rated 0% by NARAL, indicating a pro-life voting record.

Herger scores 0% by NARAL on pro-choice voting record

For over thirty years, NARAL Pro-Choice America has been the political arm of the pro-choice movement and a strong advocate of reproductive freedom and choice. NARAL Pro-Choice America's mission is to protect and preserve the right to choose while promoting policies and programs that improve women's health and make abortion less necessary. NARAL Pro-Choice America works to educate Americans and officeholders about reproductive rights and health issues and elect pro-choice candidates at all levels of government. The NARAL ratings are based on the votes the organization considered most important; the numbers reflect the percentage of time the representative voted the organization's preferred position.

Source: NARAL website 03n-NARAL on Dec 31, 2003

Rated 100% by the NRLC, indicating a pro-life stance.

Herger scores 100% by the NRLC on abortion issues

OnTheIssues.org interprets the 2006 NRLC scores as follows:

About the NRLC (from their website, www.nrlc.org):

The ultimate goal of the National Right to Life Committee is to restore legal protection to innocent human life. The primary interest of the National Right to Life Committee and its members has been the abortion controversy; however, it is also concerned with related matters of medical ethics which relate to the right to life issues of euthanasia and infanticide. The Committee does not have a position on issues such as contraception, sex education, capital punishment, and national defense. The National Right to Life Committee was founded in 1973 in response to the Roe vs. Wade Supreme Court decision, legalizing the practice of human abortion in all 50 states, throughout the entire nine months of pregnancy.

The NRLC has been instrumental in achieving a number of legislative reforms at the national level, including a ban on non-therapeutic experimentation of unborn and newborn babies, a federal conscience clause guaranteeing medical personnel the right to refuse to participate in abortion procedures, and various amendments to appropriations bills which prohibit (or limit) the use of federal funds to subsidize or promote abortions in the United States and overseas.

In addition to maintaining a lobbying presence at the federal level, NRLC serves as a clearinghouse of information for its state affiliates and local chapters, its individual members, the press, and the public.

Source: NRLC website 06n-NRLC on Dec 31, 2006

Prohibit transporting minors across state lines for abortion.

Herger co-sponsored prohibiting taking minors across state lines for abortion

A bill to prohibit taking minors across State lines in circumvention of laws requiring the involvement of parents in abortion decisions.

Source: Child Custody Protection Act (S.2543&H.R.1063) 08-SR2543 on Jan 22, 2008

Bar funding for abortion under federal Obamacare plans.

Herger signed H.R.5939

Source: No Taxpayer Funding for Abortion Act 10-HR5939 on Jul 29, 2010

Ban abortions for sex selection or race selection.

Herger co-sponsored PRENDA: Prenatal Nondiscrimination Act

Congressional Summary: Susan B. Anthony and Frederick Douglass Prenatal Nondiscrimination Act of 2011: Imposes criminal penalties on anyone who knowingly or knowingly attempts to:

  1. perform an abortion that is sought based on the sex, gender, color or race of the child, or the race of a parent;
  2. use the threat of force to intimidate any person for the purpose of coercing a sex-selection or race-selection abortion;
  3. solicit or accept funds for the performance of such an abortion; or
  4. transport a woman across a state line for the purpose of obtaining such an abortion.
Deems a violation of this Act to be prohibited discrimination under the Civil Rights Act of 1964. (Violators lose federal funding.)

Sponsor's Letter (Rep. Trent Franks):PRENDA restricts sex-selection abortion and race-selection abortion, and the coercion of a woman to obtain either. The woman seeking an abortion is exempted from prosecution, while abortion providers are held to account.

Opponents' Opinion (Erin Gloria Ryan on jezebel.com):Rep. Franks, a white man, has claimed that his desire to disallow "race-selective abortions" is based on his concern that the black community is having so many abortions. He doesn't say how, exactly, doctors are supposed to determine that a black woman seeking an abortion is doing so because her fetus would be black or whether she's just doing it because she doesn't want to be pregnant. Let's be honest here: this isn't really about saving girls and minorities; it's about eventually making abortion illegal. A sex-selection ban would present the Supreme Court with a dilemma: it dares the pro-abortion justices to embrace an abortion right to kill girls for being girls.

Source: H.R.3541 11-H3541 on Dec 1, 2011

Prohibit federal funding for abortion.

Herger signed No Taxpayer Funding for Abortion Act

Source: H.R.3 &S.906 11-HR0003 on May 5, 2011

Congress shall protect life beginning with fertilization.

Herger co-sponsored Sanctity of Human Life Act

    Declares that:
  1. the right to life guaranteed by the Constitution is vested in each human and is the person's paramount and most fundamental right;
  2. each human life begins with fertilization, cloning, or its functional equivalent, at which time every human has all legal and constitutional attributes and privileges of personhood; and
  3. Congress, each state, and all U.S. territories have the authority to protect all human lives.
The terms 'human' and 'human being' include each and every member of the species homo sapiens at all stages of life, beginning with the earliest stage of development, created by the process of fertilization, cloning, or its functional equivalent.
Source: H.R.212 11-HR212 on Jan 7, 2011

Prohibit federal funding to groups like Planned Parenthood.

Herger co-sponsored Title X Abortion Provider Prohibition Act

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.

Source: H.R.217 11-HR217 on Jan 7, 2011

Grant the pre-born equal protection under 14th Amendment.

Herger co-sponsored granting the pre-born equal protection under 14th Amendment

Bill would implement equal protection under the 14th Amendment to the Constitution for the right to life of each born and preborn human person. The Right to Life Act declares that the right to life guaranteed by the Constitution is vested in each human being, and defines "human being" to encompass all stages of life, including the moment of fertilization or cloning.

Source: Right to Life Act (H.R.618) 2007-HR618 on Jan 22, 2007

2012 Governor, House and Senate candidates on Abortion: Wally Herger on other issues:
CA Gubernatorial:
Antonio Villaraigosa
Jerry Brown
Jerry Sanders
CA Senatorial:
Barbara Boxer
Dianne Feinstein
Elizabeth Emken
Gail Lightfoot

Retiring to run for other office:

Running for President:
TX-14:Ron Paul(R)

Running for Mayor:
CA-51:Bob Filner(D)

Running for Governor:
IN-6:Mike Pence(R)
WA-1:Jay Inslee(D)

Running for Senate:
AZ-6:Jeff Flake(R)
CT-5:Chris Murphy(R)
FL-14:Connie Mack(R)
HI-2:Mazie Hirono(D)
IN-2:Joe Donnelly(D)
MO-2:Todd Akin(R)
MT-0:Dennis Rehberg(R)
ND-0:Rick Berg(D)
NM-1:Martin Heinrich(D)
NV-1:Shelley Berkley(D)
NY-9:Bob Turner(R)
WI-2:Tammy Baldwin(D)
Lost Primary 2012:
IL-16:Donald Manzullo(R)
NJ-9:Steven Rothman(D)
OH-2:Jean Schmidt(R)
OH-9:Dennis Kucinich(D)
PA-4:Jason Altmire(D)
PA-17:Tim Holden(D)
TX-16:Silvestre Reyes(D)

Retiring 2012:
AR-4:Mike Ross(D)
AZ-8:Gabby Giffords(D)
CA-2:Wally Herger(R)
CA-6:Lynn Woolsey(D)
CA-18:Dennis Cardoza(R)
CA-24:Elton Gallegly(D)
CA-26:David Dreier(R)
CA-41:Jerry Lewis(R)
IL-12:Jerry Costello(D)
IL-15:Timothy Johnson(R)
IN-5:Dan Burton(R)
KY-4:Geoff Davis(R)
MA-1:John Olver(D)
MA-4:Barney Frank(D)
MI-5:Dale Kildee(D)
NC-9:Sue Myrick(R)
NC-11:Heath Shuler(D)
NC-13:Brad Miller(D)
NY-5:Gary Ackerman(D)
NY-10:Ed Towns(D)
NY-22:Maurice Hinchey(D)
OH-7:Steve Austria(R)
OK-2:Dan Boren(D)
PA-19:Todd Platts(R)
TX-20:Charles Gonzalez(D)
WA-6:Norm Dicks(D)
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Page last updated: Jun 13, 2012