Fact Check: Tester misleads on Sheehy’s abortion stance

In a race that could decide control of the U.S. Senate, incumbent Jon Tester (D-MT) is attacking Republican challenger Tim Sheehy for his stance on abortion.

Montana's U.S. Senate race is one of a half-dozen tight contests across the country in which Democrats are defending seats needed to keep their one-seat majority. If Republicans flip Tester’s seat, they could take over the chamber even if they fail to oust Democrats in any of the other key races.

MTN News is partnering with PolitiFact for coverage of the 2024 election, which includes fact-checking candidates on both sides of the aisle.

In a series of Facebook ads launched in early September, Tester’s campaign said Sheehy supports banning abortion with no exceptions.

One ad says, "Tim Sheehy wants to take away the freedom to choose what happens with your own body, and give that power to politicians. Sheehy would let politicians like him ban abortion, with no exceptions for rape or to save a woman’s life, and criminalize women. We can’t let Tim Sheehy take our freedom away."

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Another ad says, "Reproductive health care decisions are between patients and their doctors, not politicians. Tim Sheehy wants to let politicians decide by allowing them to ban abortion, with no exceptions for rape or even to save a woman's life."

Outside groups have also used this talking point. On its "Shady Sheehy" website, a pro-Tester political action committee called Last Best Place PAC says Sheehy "supports letting politicians ban abortion with no exceptions, even to save a woman’s life."

This framing of Sheehy’s stance is misleading, because Sheehy says he favors exceptions for rape, incest and the life of the pregnant woman. But it has an element of truth, because he’s also articulated support for states making their own decisions on what parameters to set for abortion policy, and this could empower legislators to ignore his advice about including exceptions.

Tester’s evidence: Sheehy wants abortion left to states

Tester’s campaign pointed to a May Montana Public Radio interview in which Sheehy said abortion limits "must be left to each state," which is allowed under the Supreme Court’s 2022 Dobbs decision, which overturned the national abortion protections under the 1973 decision Roe v. Wade.

Taking this position opens the door to Montana legislators enacting a no-exceptions policy, Tester’s campaign said in a statement to PolitiFact. Ten states now have an abortion ban without rape or incest exceptions, according to the health policy research group KFF. Every state that bans abortion includes an exception for the life of the pregnant woman, KFF found.

Tester campaign also said the state’s Republican Party platform for 2024 calls for "a complete ban on elective abortion" without mentioning any exceptions.

Sheehy’s anti-abortion stance allows for rape, health exceptions

Sheehy’s website calls him "proudly pro-life," and he’s campaigning against abortion. He opposes a measure on Montana’s November ballot that would amend the Montana Constitution to provide the right to "make and carry out decisions about one’s own pregnancy, including the right to abortion."

In July, we rated False Sheehy’s statement that Tester and other Democrats have voted for "elective abortions up to and including the moment of birth. Healthy, 9-month-year-old baby killed at the moment of birth."

But contrary to the ad’s message, Sheehy has voiced support for exceptions.

In a Montana Public Radio interview in May, Sheehy was asked, "Yes or no, do you support a federal ban on abortion?"

Sheehy said, "I am proudly pro-life and support common-sense protections for when a baby can feel pain, as well as exceptions for rape, incest, and the life of the mother, and I believe any further limits must be left to each state."

And in a June debate with Tester, Sheehy said, "I’ll always protect the three rights for women: rape, incest, life of the mother."

The issues section of Sheehy’s campaign website does not say that he has a no-exceptions stance, nor does it say he would "criminalize women" who have abortions.

In a statement, the Sheehy campaign told PolitiFact that the ad mischaracterizes Sheehy’s abortion position. Allowing no exceptions "has never been Tim’s position," the campaign said.

Our ruling

The Tester campaign’s ad says Sheehy "would let politicians like him ban abortion, with no exceptions for rape or to save a woman’s life, and criminalize women."

Sheehy has said he supports abortion ban exceptions for rape or to save a pregnant woman’s life. We found no instances of him saying he would be OK with states criminalizing women who receive abortions in violation of state laws.

What gives the ad a kernel of truth is that Sheehy has voiced support for letting states decide abortion parameters within their borders. The Tester campaign argues that this means Sheehy would effectively enable legislators to pass abortion restrictions that don’t include exceptions or that criminalize women.

The Tester campaign’s argument relies on hypotheticals and ignores Sheehy’s stated support for exceptions, giving a misleading impression of Sheehy’s position.

We rate it Mostly False.

Our Sources