110th Congress Recap: Judging the Candidates By Their Votes

As the 2008 presidential campaign closes in on Election Day, the candidates and their running mates are making their final pitches to the public.  Despite intense media coverage, dueling political commercials and debate fever many voters struggle to define each candidate's position on a variety of topics.  But since John McCain, Barack Obama and Obama's running mate Joe Biden serve in the United States Senate, we have the benefit of their voting records to review. 

An examination of the sexual and reproductive health related legislation taken up by the Senate during the 110th Congress identifies the Senate's focus regarding choice and the candidates' positions.  NARAL Pro-Choice America tracks choice-related legislation and has put together a report (NARAL Pro-Choice America Congressional Record on Choice, 110th Congress, 1st Session) detailing the measures introduced and each Senator's votes.

Senator Wayne Allard (R-CO) offered an amendment to codify the Bush administration's controversial "unborn child" regulation that allows states to make an embryo or fetus eligible for healthcare coverage.  The amendment was an effort to further erode the legal framework for abortion rights by recognizing an embryo as a separate beneficiary of government programs from the moment of conception.  A pro-choice vote opposed the amendment; Senator McCain voted for the amendment while Senators Obama and Biden voted against the amendment.  The amendment was rejected by a vote of 49 to 50. 

Senator Sam Brownback (R-KS) offered an amendment to the United Nations Population Fund (UNFPA) appropriations bill that sought to strike language from that bill that would have helped ensure that the president could not unilaterally cancel the Unites States contribution to UNFPA.  President Bush has cancelled the appropriation for the program, which is an important reproductive health program, for each of the last six years.  A pro-choice vote was against the amendment.  McCain, Obama and Biden did not vote on the amendment, which passed by a vote of 48 to 45. 

Senator Barbara Boxer (D-CA) and Senator Olympia Snowe (R-ME) proposed the full repeal of the Global Gag Rule, which denies United States assistance for any overseas health clinic that uses its own private funds to provide or counsel individuals about abortion care or that takes a pro-choice position.  A pro-choice vote was against the amendment.  Senator McCain, Senator Obama and Senator Biden did not vote on the amendment, which was rejected by a vote of 40 to 54. 

Senator Brownback proposed an amendment to the Global Gag Rule that would strike a provision from the bill that would allow overseas health centers that are otherwise ineligible for USAID funding under the global gag rule to receive United States-donated condoms and contraceptives. A pro-choice vote was against the amendment.  Senators McCain, Obama and Biden did not vote on the amendment, which was rejected by a vote of 40 to 54. 

Senator David Vitter (R-LA) proposed an amendment to Federal Health Grants that would have defunded family planning clinics nationwide by denying all federal health grants to any health center that provides abortion care with other funds.  A pro-choice vote was against the amendment.  Senator McCain voted for the amendment.  Senators Obama and Biden did not vote on the amendment which was rejected by a vote of 41 to 52. 

For the 2007 first session of the 110th Congress, NARAL Pro-Choice America rated Senator McCain 0% pro-choice.  They rated Senator Obama 100% and Senator Biden 75%. 

Since the 2008 second session of the 110th Congress has not yet closed, NARAL Pro-Choice America has not completed a report on choice related legislation for that session.  But we are able to review the choice-related activity thus far and look at how McCain, Obama and Biden have voted.   

Senator Vitter offered an amendment to "recodify" the Hyde funding ban on abortion care at Indian Health Service clinics as part of the Indian Health Care Improvement Act Amendments.  A pro-choice vote was no.  Obama did not vote; McCain did not vote; Biden voted no.  The amendment passed by a vote of 52 to 42. 

As part of the FY'09 Budget Resolution, Senator John Ensign (R-NV) proposed an amendment to create a reserve fund for enforcement of the Child Custody Protection Act.  The Child Custody Protection Act, also known as the Teen Endangerment Act, would create a series of requirements that would restrict young women's ability to obtain an abortion outside their home state. The act contains no exception for when an abortion is necessary to protect a young woman’s health and requires a 24-hour waiting period and written notification even if a parent accompanies the woman to an out-of-state abortion provider.  The act also creates criminal penalties for grandparents and other concerned adults who try to assist the teen.  A pro-choice vote was no.  Senator Obama and Senator Biden voted no.  Senator McCain did not vote. The amendment failed by a vote of 49 to 49.   

Also related to the FY'09 Budget Resolution, Senator Allard (R-CO) proposed an amendment to codify the Bush administration's controversial "unborn child" regulation.  A pro-choice vote was no.  Senators Obama and Biden voted no. Senator McCain voted yes. The amendment failed by a vote of 46 to 52.   

Even though the demands of primaries and general election campaigns kept the candidates away from the Senate, the votes they did cast make their positions on reproductive justice known.  Senator McCain failed to cast a single pro-choice vote on the key choice-related legislation taken up by the 110th Congress to date.  Senator Obama cast pro-choice votes on all choice related legislation he was present for as did Senator Biden.  Looking at the candidates' votes is a great resource for pro-choice voters looking to weigh each candidate's actions against his rhetoric before casting their ballot in November. 

Follow Pamela Merritt on Twitter, @SharkFu