Fact-checking abortion claims in Washington's governor race
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Illustration: Annelise Capossela/Axios
The candidates for Washington governor are sparring over what, exactly, constitutes an abortion "ban," with each accusing the other of lying about the issue.
Why it matters: As Washington voters choose their first new governor in 12 years, abortion has become a major flashpoint, with Democrat Bob Ferguson zeroing in on Republican Dave Reichert's voting record in Congress.
Catch up quick: This week, Reichert's campaign launched a website disputing Ferguson's claim that Reichert voted three times for a nationwide abortion ban.
- At a recent debate, Reichert described the federal legislation that he voted for — which would have outlawed most abortions after 20 weeks of pregnancy — as "almost exactly the same law that exists in Washington state."
- Last month, Reichert also suggested that if he supports a "ban," then so does Ferguson, who supports Washington's current law that allows abortions until "viability." That's generally considered 23 or 24 weeks of pregnancy.
- Reichert has said several times he will not seek to change Washington's abortion laws if elected.
Reality check: The three bills Reichert voted for in Congress — which ultimately did not pass — would have established national policy that is more restrictive than Washington's.
- Washington's "viability" standard is defined as when there is "a reasonable likelihood" that the fetus could survive outside the womb. That's ultimately determined by a doctor or health care provider — not by any set number of weeks.
- Washington's law also allows for abortions later in pregnancy to protect the mother's "health." That covers more scenarios than protecting her life, the standard under the bills Reichert supported.
What they're saying: "You voted to make certain abortions that are legal in Washington state illegal," Ferguson told Reichert during a September debate.
Yes, but: In Congress, Reichert did support some exceptions that would have allowed certain abortions after 20 weeks — not only to protect the mother's life, but also in cases of rape and incest.
- Reichert's campaign has argued that ads from Ferguson and his allies have misled the public by not making that clear.
- In particular, Reichert's campaign disputes a pro-Ferguson ad paid for by the Democratic Governors Association that says Reichert voted "against exceptions."
The other side: "Washington voters deserve an honest conversation, not a distortion of the facts," Jeff Harvey, senior political adviser to Reichert's campaign, wrote in an emailed statement to Axios.
Between the lines: Abortion advocates say the rape and incest exceptions in the legislation Reichert voted for would have been hard for victims to access.
- That's because a victim would first have had to report a sexual assault to law enforcement, or have had to seek medical treatment or counseling for it.
- That's something many survivors don't do, said Jennifer Martinez, a spokesperson for Planned Parenthood's affiliate in Washington.
The bottom line: Reichert is stretching the truth when he says the laws he supported in Congress are "almost exactly the same" as Washington's law, which allows for more medical exceptions and defers to a doctor's judgment.
- At the same time, ads that suggest Reichert supported no exceptions for abortions after 20 weeks are misleading, as he did support limited exceptions for rape, incest and the life of the mother.