In 7th, Wild and Mackenzie have clear differences on abortion
Editor’s note: This is part of a series examining four issues in the 7th Congressional District race between incumbent Democrat Susan Wild and her Republican challenger Ryan Mackenzie, a state representative in the 187th District. Besides abortion, the other issues are the economy, foreign affairs and immigration.
The 7th Congressional District covers all of Lehigh, Northampton and Carbon counties and a tiny part of Monroe County. The Nov. 5 election is considered a toss-up by national political analysts.
Abortion has loomed large in this presidential election year, and it’s no different in the race between incumbent Democrat Susan Wild and Republican Ryan Mackenzie in the 7th Congressional District.
Since June 2022, when the U.S. Supreme Court overturned Roe v. Wade in what is known as the Dobbs decision, 22 states have banned abortions in almost all circumstances or further restricted gestational limits on the procedure, according to the New York Times.
At the same time, anger over the ruling led voters in California, Kansas, Kentucky, Michigan, Ohio and Vermont to approve ballot measures that enshrined abortion rights or rejected efforts to deny protections. Abortion remains legal in Pennsylvania.
Now at least nine states have referendums on their Nov. 5 ballots to protect abortion access. On the other side of the issue, Nebraska will have a ballot question that would ban abortion after the first trimester while South Dakota’s would create restrictions on second and third trimester abortions.
“In the wake of the Dobbs decision, the issue of reproductive rights continues to draw enormous attention as states have adopted policies that have restricted access to abortions, keeping the issue very much in the spotlight,” said Chris Borick, director of the Muhlenberg College Institute of Public Opinion.
“The issue will play a very significant role in the 7th District race,” Borick said in an email.
Wild and Mackenzie offer clear contrasts on the issue.
Wild, who is seeking her fourth term, has made abortion access and reproductive rights a priority.
“I firmly believe that private medical decisions should be kept between a woman and her doctor, and no politician, no court, no judge has the right to control a woman's body, period,” she said in a statement given to Armchair Lehigh Valley.
“I will always stand up against extremists that try to roll back our fundamental right to bodily autonomy."
Mackenzie, a state representative in the 187th District, has called himself “pro-life.”
“I have always voted to reduce the number of abortions that are occurring here in Pennsylvania,” he told Armchair Lehigh Valley earlier this year.
At the same time, he supports in vitro fertizlation, believes insurance companies should be mandated to provide free contraceptives and doesn’t think Pennsylvania should cooperate with other states trying to prevent their residents from seeking abortions in Pennsylvania.
Abortions and attitudes
Under Pennsylvania law, abortions are permitted up to 23 weeks of gestational age. After that, they are only allowed where the life or health of the mother is at risk.
In 2022, there were 34,838 reported abortions in Pennsylvania, according to the latest available state report.
Of that number, 19,011 were non-surgical, meaning they were drug-induced.
Pennsylvania’s Annual Abortion Report for 2022 said there were 510 abortions performed between the gestational ages of 21 to 23 weeks that year and zero performed at or after 24 weeks.
The Guttmacher Institute, a reproductive rights research group, estimated that abortions in Pennsylvania climbed to nearly 38,000 in 2023 as women from states where abortion is restricted traveled to Pennsylvania for the procedure.
Of those, Guttmacher estimated 110 cases came from Texas and 600 from West Virginia, two states that have essentially banned abortions.
For comparison, there were 65,777 abortions in 1980 in Pennsylvania, the highest since 1975.
An April survey by Pew Research, a nonpartisan polling organization, found that 63% of respondents said abortion should be legal in all or most cases while 36% say it should be illegal in all or most cases.
In Pennsylvania, polling shows support for abortion as an option.
A poll released on Aug. 15 by Franklin & Marshall College Institute's Center for Opinion Research found 51% of the respondents said it should be legal under some circumstances while another 38% said it should be legal under any circumstance; 9% said it should always be illegal.
Wild’s 2022 win over Republican Lisa Scheller is credited, in part, to backlash over the Dobbs decision.
A Muhlenberg poll before the election found abortion ranked second among voters in terms of importance of issues. Wild was leading Scheller 87%-11% on the issue.
Votes on the books
Both candidates have established voting records on the issue.
Among her actions, Wild has co-sponsored or supported bills to ensure access to abortion, establish legal rights to use contraceptives and to stop states from interfering with access to out-of-state abortions.
She supports the Women’s Health Protection Act of 2023. Among its provisions, it would protect the rights of patients and health care providers to terminate pregnancies prior to viability without limitations on the method.
It would allow the use of drugs such as mifepristone, which is used to end pregnancies, and permit doctors to provide them via telemedicine. It would allow women to travel to other states to obtain abortions without fear of arrest.
After viability, it would allow doctors to use “good faith judgments” to end pregnancies to protect the life or health of the mother. In the 1973 Roe v. Wade decision, the Supreme Court allowed states to restrict abortions after viability except in cases when the life or health of the mother was at stake.
Worried that the Dobbs decision would lead to the erosion of other reproductive rights, Wild took a leading role in January when she introduced the Right to In Vitro Act to protect in vitro fertilization as a legal method for conception.
“It’s not just about the Dobbs decision, although this was a watershed moment for our country,” she said. “Women everywhere are concerned about what is happening to their right to control their own body.”
In an interview, Wild called allegations of Democrats supporting abortion on demand a “Republican talking point, which is ludicrous.” Such allegations now include the unfounded assertion by former President Donald Trump and others that abortions are taking place after birth.
“There will always be guardrails” limiting what providers can do, Wild said.
Mackenzie has supported measures to restrict abortion access.
He supported a now-defunct, proposed constitutional amendment that explicitly stated abortion is not a right in Pennsylvania. Critics said the amendment opened the door to an outright ban, which backers said wasn’t true.
He also voted in favor of restricting the procedure beyond 20 weeks of gestational age. The bill made no exceptions for rape, incest or fetal abnormalities, which sometimes aren’t detected until after that gestational age.
In the same interview, Mackenzie declined to give what gestational-age ban he now supports. But he noted that he did not back efforts by state Sen. Doug Mastriano and others to restrict abortions once a heartbeat is detected.
He also has said there should be exceptions for the life or health of the mother and cases involving rape and incest.
When it comes to abortion bans, Mackenzie told LehighValleyNews.com that the issue is “something that is much better left up to the states.”
He said he doesn’t see federal lawmakers coming to a consensus on what he calls a “sensitive” topic. “I think you are going to see states and you are seeing states take the lead,” Lehigh Valley News quoted him as saying.
Mackenzie’s campaign website makes no mention of his positions on abortion. It had previously had a line saying he has a “100% pro-life voting record from the PA Pro-Life Federation.”
Arnaud Armstrong, his campaign spokesperson, issued the following comment on the removal:
“Rep. Mackenzie had a 100% rating from the PA Pro-Life Federation at the time his website was initially published. That rating is now outdated, however, because {on Nov. 15, 2023} he voted for HB1786 (23-24), which would prohibit our state tax dollars from being used to enforce other states’ more restrictive reproductive health laws here in Pennsylvania — laws that our state legislature never voted on.”
“The PA Pro-Life Federation was advocating for a No vote on this bill. So, since he voted Yes, leaving an outdated rating on the updated version of the website would have been inaccurate,” the statement said.
Wild’s campaign said Mackenzie is trying to “rewrite history” by removing his pro-life views on his website. Her campaign issued the following statement:
"Once again, Ryan Mackenzie got caught lying, this time about his extreme anti-abortion record. Let's be clear: Ryan has voted for multiple abortion bans with no exceptions for rape or incest, and is supported by the same politicians who want to ban IVF. Just because he now wants to advance his own political career doesn't mean he can rewrite history."
Mackenzie voted in favor of a 2021 bill that would mandate that hospitals or clinics cremate or bury the remains from abortion with penalties for failure to do so.
He also was the prime sponsor of a 2018 bill that established the Maternal Mortality Review Committee to develop strategies to reduce preventable morbidity, mortality and racial disparities related to pregnancy in Pennsylvania.
Mackenzie said IVF should be permitted. In June, he voted in favor of a state House resolution recognizing July 25, 2024, as "World IVF Day" in Pennsylvania.
That hasn’t stopped Wild’s campaign from running an ad linking Mackenzie to anti-IVF supporters. The ad doesn’t say Mackenzie is against IVF, but says he is funded by “far right politicians that oppose IVF.” The ad shows images of House Republicans Matt Gaetz, Lauren Boebert and Marjorie Taylor Greene. None of those candidates gave money to Mackenzie.
When asked who the ad is referring to, Wild’s campaign said Mackenzie received $2,000 from Guy for Congress, the committee for U.S. Rep. Guy Reschenthaler (PA-14), and $34,932 in transfers from Grow the Majority, House Speaker Mike Johnson’s joint fundraising committee.
Johnson, Reschenthaler and Greene are among the 131 co-sponsors of the Life at Conception Act. The Washington Post said the act, introduced in 2023, contains similar language to that used by an Alabama court in February in declaring frozen embryos human beings. When procedures ground to a halt from the ruling, Alabama lawmakers passed a law allowing IVF. No votes have been taken on the Life at Conception Act.
Armstrong issued a statement on behalf of Mackenzie, which said, in part: “Out of sheer desperation, Susan Wild is resorting to pure fabrication in an effort to shamelessly smear Ryan Mackenzie. Fortunately, the voters of the Lehigh Valley know Ryan and they know his bipartisan record. Rep. Mackenzie has a well-established record of supporting IVF, and he will continue to do so in Congress. There has never been any question about this.”
Following is a look at the votes and positions Wild and Mackenzie have taken.
Susan Wild
Access to Family Building Act
Wild introduced HR7056 on Jan. 18, 2024. This bill provides a statutory right to use fertilization technology such as in vitro fertilization. Under the bill, individuals have the right to access assisted reproductive technology, and to retain all rights with respect to the use or disposition of reproductive genetic materials (e.g., eggs or sperm), without prohibitions or unreasonable restrictions. Health care providers and insurers also have the right to provide and cover these services, respectively. The bill was referred to a subcommittee of the Committee on Energy and Commerce.
Women's Health Protection Acts
Wild has voted yes and supported various versions of HR8296, which would prohibit governmental restrictions on the provision of, and access to, abortion services. The bill passed the House 219-210 on July 15, 2022, and was sent to the Senate. In 2023, she became a co-sponsor of the 2023 version, HR12, which was referred to a subcommittee on April 7, 2023. Wild supported HR3755, a similar version that passed the House 218-211 on June 8, 2021.
Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2024
Wild voted no to HR4368, which included a provision to nullify the FDA’s approval of the dispensation of mifepristone, which is used to induce abortions, at certified pharmacies. The bill failed 191-237 on Sept. 28, 2023.
National Defense Authorization of 2024
Wild voted no to HB2760, the Department of Defense’s appropriations bill. It contained an amendment that would stop the military from paying for travel related to abortions and other reproductive health services. The bill passed 219-210 on July 14, 2023. The day before Wild voted no to the amendment. The final version of the appropriations bill, which passed on Dec. 22, 2023, did not contain the amendment.
Good Amendment
Wild voted no on an amendment to HR277, which would expand oversight of Congress to rule-making powers of the president to include abortions. The amendment failed 211-223 on June 14, 2023.
HR2573
Wild co-sponsored the resolution, which expresses the sense of Congress that medication abortion is appropriately approved and regulated under federal law, and federal law preempts any in-person dispensing requirements or telehealth restrictions with respect to medication abortion under state law. The resolution was referred on April 21, 2023, to the Energy and Commerce Committee’s subcommittee on health.
HR309
Wild co-sponsored Resolution 309, which expresses the sense of the House of Representatives that the Food and Drug Administration has the authority to approve drugs for abortion care. The resolution was referred to the House Committee on Energy and Commerce on April 19, 2023.
Amicus brief
Wild was among 240 Democratic members of Congress who signed an amicus brief on April 11, 2023, seeking to block a Texas judge’s ruling that halted the prescription and distribution of mifepristone, which is used for abortions and managing early miscarriages. In a 9-0 decision in June, the U.S. Supreme Court ruled the plaintiffs who wanted to stop the use of mifepristone did not have standing to sue.
EACH Act of 2023
Wild co-sponsored HR561 Equal Access to Abortion Coverage in Health Insurance Act of 2023, which would require federal health care programs such as Medicaid to cover abortion services and require federal facilities to provide access to those services. Currently, coverage for such services under federal programs is generally only available in the case of rape, incest, or life endangerment. The bill was referred to a subcommittee on Feb. 21, 2023.
Ensuring Women’s Right to Reproductive Freedom Act
Wild is a co-sponsor of 2024’s H.R.782, which would prohibit anyone acting under state law from interfering with a person's ability to access out-of-state abortion services. The bill was referred to a subcommittee on Feb. 10, 2023.
Born-Alive Abortion Survivors Protection Act
Wild voted no on HR26, which would establish requirements for the level of care a health practitioner must provide in the case of premature birth following an abortion or attempted abortion. The measure passed the House 220-210 on Jan. 11, 2023. It was sent to the Senate where it was placed on the calendar.
Concurrent Resolution 3
Wild voted no to the resolution condemning recent attacks on pro-life facilities, groups, and churches and calls on the current presidential administration to use appropriate law enforcement authorities to support their safety. It passed the House 222-209 on Jan. 11, 2023.
Right to Contraception Act
Wild co-sponsored and voted yes on HR8373, which would establish a statutory right to obtain contraceptives and to engage in contraception, and for health care providers to provide contraceptives, contraception, and information related to contraception. It passed the House 228-195 on July 21, 2022, and was sent to the Senate, which took no action.
Ensuring Access to Abortion Act of 2022
Wild was a co-sponsor and voted yes to HR 8297, which would prohibit anyone acting under state law from interfering with a person's ability to access out-of-state abortion services. It passed the House 223-205 on July 15, 2022, and was sent to the Senate.
Ryan Mackenzie
20-week ban
Mackenzie voted yes to Senate Bill 3, which would ban abortions beyond 20 weeks of gestational age except in cases of irreversible health risk to the mother. It also would ban dilation and extraction abortions prior to 20 weeks of pregnancy. Dilation and extraction is the most common form of abortion after 14 weeks gestation. The measure included an exception to prevent either the death of the pregnant woman or the substantial and irreversible impairment of a major bodily function of the woman. It made no exceptions for pregnancies resulting from rape or incest. It passed the House 121-70 on Dec. 17, 2017, passed the Senate and was vetoed by then-Gov. Tom Corbett.
No constitutional right to abortion
He voted in favor of Senate Bill 106, which included an amendment to Pennsylvania’s Constitution stating there is no constitutional right to taxpayer-funded abortion or other right relating to abortion. The measure passed the House 107-92 on July 8, 2022, was approved in the Senate, but did not move on when Democrats took control of the House in 2023.
Mifepristone
Mackenzie voted in favor of SB 857, which would bar the use of telemedicine to prescribe mifepristone. The bill passed the House 111-77 on Nov. 21, 2019. It had previously passed the Senate. It was vetoed by Gov. Tom Wolf. In 2022, 31% of abortion providers offered telemedicine consultation and mailed pills, up from 7% in 2020, according to the research group Guttmacher Institute.
Funeral and cremation
He voted in favor of HB 118, which would require the burial or cremation of abortion remains by hospitals or clinics with penalties for failure to do so. It was approved 118-83 on June 9, 2021. It was not taken up by the Senate.
Down syndrome
Mackenzie voted in favor of HB 1500, which would ban abortions because of a prenatal diagnosis of Down syndrome. It passed the House 1120-83 on June 8, 2021, but was not taken up by the Senate. In 2019, he voted in favor of a similar bill – HB 321 – that passed the Senate as well but was vetoed by Wolf.
Maternal Mortality
He said he supports efforts to help mothers. He was the prime sponsor of a 2018 bill that established the Maternal Mortality Review Committee, which reviews maternal death to develop strategies to reduce preventable morbidity, mortality and racial disparities related to pregnancy in the commonwealth.
Cooperation with other states
He voted yes to House Bill 1786, which would prevent public officials in Pennsylvania from cooperating with authorities in other states from trying to prevent their residents from seeking abortions in Pennsylvania. The measure passed the House 117-86 on Nov. 15, 2023, but did not receive a Senate vote.
Health Insurance Exchanges
Mackenzie voted in favor of HB 818, which prohibits health plans offered through the health insurance exchange from including coverage for abortions. The bill passed the House 144-53 on April 23, 2013. It was approved in the Senate and signed into law by Gov. Tom Corbett.
Contraceptives
Mackenzie voted in favor of HB 1140, which would require insurance companies to cover all contraceptive drugs, devices, and other products and services at no cost to the consumer. The measure passed the House 133-69 in June but has not been taken up in the Senate.