Madison Cawthorn: No federal funding for abortion travel; but there's already law on it

Joel Burgess, Asheville Citizen Times
·5 min read
Republican congressman Madison Cawthorn greets supporters at his primary election day watch party in Hendersonville on May 17, 2022.
Republican congressman Madison Cawthorn greets supporters at his primary election day watch party in Hendersonville on May 17, 2022.
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ASHEVILLE - Western North Carolina's congressman has put forward a bill to limit travel across state lines for abortions, a move that experts say is posturing rather than reality and that follows shocking news of an Ohio 10-year-old forced to travel to Indiana to get a legal abortion after being raped.

Rep. Madison Cawthorn on July 14 introduced a bill "to prohibit the use of Federal funds for travel expenses of any individual traveling across State lines for purposes of having an abortion, and for other purposes."

In a statement announcing the bill, Cawthorn did not address the already existing federal rule, the Hyde Amendment, that has prevented the use of federal funds for abortions for three decades, or say why additional restrictions were needed.

The proposed legislation says it would stop taxpayer funds from being used to support travel to get an abortion in one of the states or territories where the practice remains legal following the June 24 repeal of the decades-long federal abortions rights guarantees in Roe v. Wade. Details of the bill, which was referred to the Energy and Commerce Committee, were not available on the official congressional website which said on July 18 the "text has not been received."

Related: What will N.C. Republicans do after SCOTUS ruling? Polls show abortion access popular

"Refuse to prosecute": Buncombe DA Williams: Will 'refuse to prosecute abortions' in wake of Roe v. Wade overturn

While some Republican states have enacted bans since the Supreme Court decision, others, many Democratically-controlled, have sought to protect abortion access. North Carolina, which has a Democratic governor but a GOP-majority General Assembly, has not passed restrictions. Gov. Roy Cooper issued an executive order protecting abortion providers and patients from extradition to states that have banned abortions.

Reaction against the decision has been strong in liberal Asheville with hundreds rallying in streets. Other parts of WNC, such as Madison County, have seen smaller crowds in voicing support for the new rules.

Mikki Fox, 53, chants at abortion rights rally in downtown Asheville on June 24, 2022. "I'm doing this for my two daughters. My mother did back in the day for me. This is ridiculous," Fox said.
Mikki Fox, 53, chants at abortion rights rally in downtown Asheville on June 24, 2022. "I'm doing this for my two daughters. My mother did back in the day for me. This is ridiculous," Fox said.

Cawthorn, a Henderson County Republican who is finishing his first term after a primary defeat, said in a July 15 release that House Bill 8378 would support the court's ruling to transfer abortion decisions from the federal government to the states.

"Ensuring that the innocent among us are protected is something that is very near and dear to my heart. One of the most important ways we can protect the unborn is by stopping the Biden Administration's gross abuse of power and executive overreach. This legislation showcases that Congress will respect the Supreme Court's decision to overturn Roe and not allow the federal government to overreach their constitutional authority," he said in the statement.

More on Madison Cawthorn:

Cawthorn spokesperson Blake Harp did not respond to messages asking about chances of passage in the Democratically dominated House or about the case of the girl who was raped whose home state of Ohio enacted a trigger law that went into effect after the court ruling. The law banned abortions in which a pregnancy has progressed past six weeks.

After Biden mentioned the incident in a speech, some Republicans questioned whether it happened but changed course after an arrest of a 27-year-old Ohio man who police say confessed to the rape, and court testimony.

In recent news doctors around the country helped raise $180,000 for security and legal expenses for the Indiana University doctor who performed the procedure.

More on NC child sex assault cases:

Passage of Cawthorn's bill has no real chance, according to experts.

Davidson College political science professor Susan Roberts pointed out that no other legislator has signed on a co-sponsor.

"He has sponsored around 42 pieces of legislation during his time in office and the majority of them had zero co-sponsors or a single co-sponsor," Roberts said. "I don’t doubt that he is anti-abortion, but this appears to be an effort to garner attention."

UNC-Chapel Hill political science professor Rebecca Kreitzer, who specializes in politics and gender, said Congress was actually moving in the opposite direction, with July 15 votes to protect abortion rights. While they were largely along party lines, they included some Republicans crossing over.

More than 100 residents gathered on the Madison County Courthouse lawn in downtown Marshall - as well as on the sidewalk across the street - to participate in an anti-abortion rally July 13, 2022, organized by local pastors.
More than 100 residents gathered on the Madison County Courthouse lawn in downtown Marshall - as well as on the sidewalk across the street - to participate in an anti-abortion rally July 13, 2022, organized by local pastors.

Kreitzer also noted that the Hyde Amendment, in effect since 1980, prohibits use of federal funds for abortions unless the woman's life is in danger or in cases of rape or incest.

"There is currently a Democratic majority in the U.S. House, and two bills protecting abortion access recently passed in the House, one with Republican support," Kreitzer said. "Furthermore, many Democrats are in favor of getting rid of the prohibition on the use of federal funds for abortion because it makes abortion largely unavailable for low-income women."

The Women's Health Protection Act of 2022 would enshrine Roe v. Wade into federal law. The Ensuring Access to Abortion Act would protect a patient's right to travel for legal abortions.

But there are major questions about whether either bill will reach President Joe Biden's desk, given the Senate's 50-50 party breakdown and the need for 10 additional votes to beat the filibuster, said UNC Asheville political science professor Ashley Moraguez, who specializes in Congress.

"It's hard to imagine that such a bill would get the 60 votes needed in the Senate, given the even partisan split," she said.

As to why Cawthorn would put forward the bill at this time, Moraguez said it was likely for "position taking — to make it look as if he is doing something on this issue and to pander to the base of the party.

"Even though he lost the primary, it's possible that Cawthorn has his eyes on running for political office again in the future, and this would be a way to stay relevant with a conservative constituency."

Joel Burgess has lived in WNC for more than 20 years, covering politics, government and other news. He's written award-winning stories on topics ranging from gerrymandering to police use of force. Got a tip? Contact Burgess at jburgess@citizentimes.com, 828-713-1095 or on Twitter @AVLreporter. Please help support this type of journalism with a subscription to the Citizen Times. 

This article originally appeared on Asheville Citizen Times: After Ohio child traveled for abortion, Cawthorn wants travel limits