Life Advocacy Briefing

The Stupak Stumble

WE HAVE POSTED ON OUR INTERNET WEBSITE our own commentary on Rep. Bart Stupak’s distressing switch in last month’s crisis over the government takeover of America’s medical system. Readers can find it in “Featured Items” on the home page at www.LifeAdvocacy.com.

‘Head Fake’

PRES. OBAMA SUCCEEDED IN PASSING HIS MEDICAL TAKEOVER SCHEME, he succeeded in luring lawmakers who have long claimed a pro-life commitment to help him force taxpayers and insurance premium payers to subsidize abortion, and he seems, so far, to have succeeded in distracting and confusing many pro-life citizens (including some lawmakers, who should know better) into thinking he has “solved” the problem his legislation created and instead turned into a defender of innocent life. Guess again.

The massive legislation was passed on Christmas Eve by the Senate and on a Sunday near Easter by the House and is to be implemented by one of the most notorious abettors of the abortion industry, Health & Human Services (HHS) Secy. Kathleen Sebelius, whose public statements confirm her own belief that abortion is a covered “medical service” under the legislation.

But what about the President’s executive order? We find insightful a legal analysis issued jointly last Wednesday by the Massachusetts-based Pro-Life Legal Defense Fund and Massachusetts Citizens for Life. Here’s a pithy excerpt:

“The executive order has four sections but only two directives. The first directive concerns bookkeeping matters. The second directive, beginning with the words ‘I hereby direct’ only requires federal agencies to comply with ‘existing law’ on abortion funding. The sentence in question reads in full: ‘I hereby direct the Secretary of HHS to ensure that program administrators and recipients of federal funds are aware of and comply with the limitations of abortion services imposed on Community Health Centers by existing law.’

“Just before this sentence the order states, not as a directive but as an observation of a supposed fact, that ‘Under the Act [the new reform bill], the Hyde Amendment shall apply to the authorization and appropriations of funds’ for community health centers. This is what is known in non-technical terms as a head fake. By referring only to the reform bill and not to the President’s own executive authority (by using words such as ‘I direct’), this statement is not expressly and independently imposing an executive ban on abortion funding but only claiming that the reform bill contains such a ban.

“If the President had intended to ban abortion funding separately, then he would have written, ‘I direct that no funds authorized by the Act be used for abortion’ or ‘that the Hyde Amendment shall apply to the Act.’ No such language is included in his order.

“While those who argue that the President’s executive order cannot be enforced if it conflicts with the statute it is implementing are correct, they give too much credit to the President. As made clear by the way his order is carefully worded, he did not intend to issue a separate and more expansive executive ban on abortion funding than authorized in the new reform bill, and his order should not be characterized as attempting to do so. …

“The reform bill authorizes billions of new funds for the community health centers, but no language can be found in the new bill that restricts these new funds or that otherwise refers to and incorporates the Hyde Amendment. The language of the Hyde Amendment only applies to funds authorized under older and different laws and thus by its own terms cannot apply to the new law.

“The reform bill requires the new funds for the centers to be used for obstetrical and gynecological procedures. Under similar laws in the past, the courts have ruled that pregnancy-related funding mandates must include abortion services when Congress does not expressly ban their use for abortion. Thus “existing law” contains no ban on the new funds authorized by the healthcare reform bill. Instead, taking into account the legal force of prior court rulings, ‘existing law’ mandates that abortion be funded when not explicitly banned. Consequently, in ordering federal agencies only to comply with ‘existing law’ without expressly banning the new funds from being used for abortion, the executive order locks into place a new abortion funding mandate in the health reform plan.”

Suing for Life

AMONG THE LAWSUITS ALREADY BROUGHT AGAINST OBAMACARE is one filed in Detroit March 23 by four pro-life Michigan residents against Pres. Barack Obama, Health & Human Services Secy. Kathleen Sebelius, Attorney Gen. Eric Holder and Treasury Secy. Timothy Geithner.

The suit, in which plaintiffs are represented by the Ann Arbor-based Thomas More Law Center, contends the plaintiffs’ First Amendment religion rights are violated by the new law, because it will require them to buy insurance that funds abortions.

‘Personhood’ Gains Ballot Slot

A ‘PERSONHOOD’ AMENDMENT to the Mississippi state constitution will be put before the state’s voters in November of 2011, reports Les Riley of Personhood Mississippi.

Organizers of the proposition’s petition drive submitted more than 130,000 signatures on Feb. 16, and the Secretary of State has subsequently notified the grassroots organization that “enough valid signatures have been certified,” reports Mr. Riley, “to ensure a spot on the November 2011 ballot.”

The proposition reads: “Be it enacted by the people of the State of Mississippi: Section 1. Article III of the constitution of the State of Mississippi is hereby amended by the addition of a new section to read: Section 33. Person defined. As used in this Article III [The State Bill of Rights] of the state constitution, ‘The term “person” or “persons” shall include every human being from the moment of fertilization, cloning or the functional equivalent thereof.’ This initiative shall not require any additional revenue for implementation.”

They Cheat, Too

IRONICALLY, CREATIVITY IS ONE OF THE CHARACTERISTICS of the abortion industry. Creativity, that is, in the form of cutting corners on their customers.

Operation Rescue has released a report “detailing a disturbing new trend in the abortion industry,” according to an OR news release, “that could be endangering the lives and health of thousands of women and is bilking insurance companies out of grossly inflated fees.”

Investigating Planned Parenthood of the Heartland in Iowa, OR uncovered a “telemed abortion” scheme, committing abortions via a teleconferencing service.

Customers “briefly visit with an offsite abortionist that appears on a computer monitor,” reports OR, “and explains the medical abortion procedure to them.” After the televised lecture, RU-486, a/k/a mifepristone, is prescribed. “The patent is never physically examined by the medical doctor,” explains OR, “and never sees the abortionist again.”

Planned Parenthood in Iowa “charges insurance companies a whopping $1,000 for this doctor-less medical abortion – the highest in the nation by far,” noted OR’s Troy Newman, “even though their overhead costs are much less than other clinics that have a licensed physician on site. Women who pay cash for the same procedure,” he said, “are charged $500, half the amount insurance companies must pay.”

Mr. Newman pointed out this telemed abortion process “presents risks to women’s lives and health that are completely unacceptable. The lack of access to a licensed physician throughout this risky and painful abortion process is shocking and likely illegal. Money obviously means more to Planned Parenthood,” he said, “than the lives and safety of women. …

“Planned Parenthood of the Heartland is making a killing on medical abortions,” Mr. Newman commented. “Gouging insurance companies,” he said, “… That’s how they can afford to keep their smaller clinics running.

“And if taxpayers are forced to fund these abortions,” he said, “there’s no telling how much they will charge, because government funding is a blank check.”

House Voting Records

HR-4872 Motion to Recommit ObamaCare Reconciliation Act to add Stupak/Pitts/Hyde Amendment excluding abortion coverage from HR-3590 – March 21, 2010 – Failed 199 to 232 (Democrats in italics)

Voting “yes” / pro-Life: Aderholt, Akin, Alexander, Altmire, Austria, Bachmann, Bachus, Barrett (SC), Barrow, Bartlett, Barton (TX), Berry, Biggert, Bilbray, Bilirakis, Bishop (UT), Blackburn, Blunt, Boehner, Bonner, Bono-Mack, Boozman, Boren, Boustany, Brady (TX), Bright, Broun (GA), Brown (SC), Brown-Waite, Buchanan, Burgess, Burton (IN), Buyer, Calvert, Camp, Campbell, Cantor, Cao, Capito, Carter, Cassidy, Castle, Chaffetz, Chandler, Childers, Coble, Coffman (CO), Cole, Conaway, Costello, Crenshaw, Culberson, Davis (KY), Davis (TN), Deal (GA), Dent, L. Diaz-Balart, M. Diaz-Balart, Donnelly (IN), Dreier, Duncan, Ehlers, Emerson, Fallin, Flake, Fleming, Forbes, Fortenberry, Foxx, Franks (AZ), Frelinghuysen, Gallegly, Garrett (NJ), Gerlach, Gingrey (GA), Gohmert, Goodlatte, Granger, Graves, Griffith, Guthrie, Hall (TX), Harper, Hastings (WA), Heller, Hensarling, Herger, Hoekstra, Holden, Hunter, Inglis, Issa, Jenkins, Johnson (IL), Sam Johnson, Jones, Jordan (OH), King (IA), King (NY), Kingston, Kirk, Kline (MN), Lamborn, Lance, Latham, LaTourette, Latta, Lee (NY), Lewis (CA), Linder, Lipinski, LoBiondo, Lucas, Luetkemeyer, Lummis, Daniel Lungren, Mack, Manzullo, Marchant, Marshall, Matheson, McCarthy (CA), McCaul, McClintock, McCotter, McHenry, McIntyre, McKeon, McMorris-Rodgers, Melancon, Mica, Miller (FL), Miller (MI), Gary Miller, Moran (KS), Tim Murphy, Myrick, Neugebauer, Nunes, Olson, Paul, Paulsen, Pence, Peterson, Petri, Pitts, Platts, Poe (TX), Posey, Price (GA), Putnam, Radanovich, Rehberg, Reichert, Roe (TN), Rogers (AL), Rogers (KY), Rogers (MI), Rohrabacher, Rooney, Ros-Lehtinen, Roskam, Ross, Royce, Ryan (WI), Scalise, Schmidt, Schock, Sensenbrenner, Sessions, Shadegg, Shimkus, Shuler, Shuster, Simpson, Skelton, Smith (NE), Smith (NJ), Smith (TX), Souder, Stearns, Sullivan, Taylor, Terry, Thompson (PA), Thornberry, Tiahrt, Tiberi, Turner, Upton, Walden, Wamp, Westmoreland, Whitfield, Wilson (SC), Wittman, Wolf, Young (AK), Young (FL)

Voting “no” / anti-Life: Ackerman,Adler (NJ), Andrews,Arcuri, Baca, Baird, Baldwin, Bean, Becerra, Berkley, Berman, Bishop (GA), Bishop (NY), Blumenauer, Boccieri, Boswell,Boucher, Boyd, Brady (PA), Braley (IA), Corrine Brown, Butterfield, Capps, Capuano, Cardoza, Carnahan, Carney, Carson (IN), Castor (FL), Chu, Clarke, Clay, Cleaver, Clyburn, Cohen, Connolly (VA), Conyers, Cooper, Costa, Courtney, Crowley, Cuellar, Cummings, Dahlkemper, Davis (AL), Davis (CA), Davis (IL), DeFazio, DeGette, Delahunt, DeLauro, Dicks, Dingell, Doggett, Doyle, Driehaus, Edwards (MD),Edwards (TX), Ellison, Ellsworth, Engel, Eshoo, Etheridge, Farr, Fattah, Filner, Foster, Frank (MA), Fudge, Garamendi, Giffords, Gonzalez, Gordon (TN), Grayson, Al Green, Gene Green, Grijalva, Gutierrez, Hall (NY), Halvorson, Hare, Harman, Hastings (FL), Heinrich, Herseth-Sandlin, Higgins, Hill, Himes, Hinchey, Hinojosa, Hirono, Hodes, Holt, Honda, Hoyer, Inslee, Israel, Jackson (IL), Jackson-Lee (TX), Johnson (GA), E.B. Johnson, Kagen, Kanjorski, Kaptur, Kennedy, Kildee, Kilpatrick (MI), Kilroy, Kind, Kirkpatrick (AZ), Kissell, Klein (FL), Kosmas, Kratovil, Kucinich, Langevin, Larsen (WA), Larson (CT), Lee (CA), Levin, Lewis (GA), Loebsack, Zoe Lofgren, Lowey, Lujan, Lynch, Maffei, Maloney, Markey (CO), Markey (MA), Matsui, McCarthy (NY), McCollum, McDermott, McGovern, McMahon, McNerney, Meek (FL), Meeks (NY), Michaud, Miller (NC), George Miller,Minnick, Mitchell, Mollohan, Moore (KS), Moore (WI), Moran (VA), Murphy (CT), Murphy (NY), Patrick Murphy, Nadler (NY), Napolitano, Neal (MA),Nye, Oberstar, Obey, Olver, Ortiz, Owens, Pallone, Pascrell, Pastor (AZ), Payne, Pelosi, Perlmutter, Perriello, Peters, Pingree (ME), Polis (CO), Pomeroy, Price (NC), Quigley, Rahall, Rangel, Reyes, Richardson, Rodriguez, Rothman (NJ), Roybal-Allard, Ruppersberger, Rush, Ryan (OH), Salazar, Linda Sanchez, Loretta Sanchez, Sarbanes, Schakowsky, Schauer, Schiff, Schrader, Schwartz, Scott (GA), Scott (VA), Serrano, Sestak, Shea-Porter, Sherman, Sires, Slaughter, Smith (WA), Snyder,Space, Speier, Spratt, Stark, Stupak, Sutton, Tanner, Teague, Thompson (CA), Thompson (MS), Tierney, Titus, Tonko, Towns, Tsongas, VanHollen, Velazquez, Visclosky, Walz, Wasserman-Schultz, Waters, Watson, Watt, Waxman, Weiner, Welch, Wilson (OH), Woolsey, Wu, Yarmuth

HR-4872 ObamaCare Reconciliation Act, developed as a ploy to leverage passage of federal control of medical care with no provision to exclude abortion coverage, protect conscience or prevent rationing – March 21, 2010 – Passed 220 to 211 (Democrats in italics)

Voting “no” / pro-Life: Aderholt, Adler (NJ), Akin, Alexander, Altmire, Arcuri, Austria, Bachmann, Bachus, Barrett (SC), Barrow, Bartlett, Barton (TX), Berry, Biggert, Bilbray, Bilirakis, Bishop (UT), Blackburn, Blunt, Boehner, Bonner, Bono-Mack, Boozman, Boren, Boucher, Boustany, Brady (TX), Bright, Broun (GA), Brown (SC), Brown-Waite, Buchanan, Burgess, Burton (IN), Buyer, Calvert, Camp, Campbell, Cantor, Cao, Capito, Carter, Cassidy, Castle, Chaffetz, Chandler, Childers, Coble, Coffman (CO), Cole, Conaway, Cooper, Crenshaw, Culberson, Davis (AL), Davis (KY), Davis (TN), Deal (GA), Dent, L. Diaz-Balart, M. Diaz-Balart, Dreier, Duncan, Edwards (TX), Ehlers, Emerson, Fallin, Flake, Fleming, Forbes, Fortenberry, Foxx, Franks (AZ), Frelinghuysen, Gallegly, Garrett (NJ), Gerlach, Gingrey (GA), Gohmert, Goodlatte, Granger, Graves, Griffith, Guthrie, Hall (TX), Harper, Hastings (WA), Heller, Hensarling, Herger, Herseth-Sandlin, Hoekstra, Holden, Hunter, Inglis, Issa, Jenkins, Johnson (IL), Sam Johnson, Jones, Jordan (OH), King (IA), King (NY), Kingston, Kirk, Kissell, Kline (MN), Kratovil, Lamborn, Lance, Latham, LaTourette, Latta, Lee (NY), Lewis (CA), Linder, LoBiondo, Lucas, Luetkemeyer, Lummis, Daniel Lungren, Mack, Manzullo, Marchant, Marshall, Matheson, McCarthy (CA), McCaul, McClintock, McCotter, McHenry, McIntyre, McKeon, McMahon, McMorris-Rodgers, Melancon, Mica, Miller (FL), Miller (MI), Gary Miller, Minnick, Moran (KS), Tim Murphy, Myrick, Neugebauer, Nunes, Nye, Olson, Paul, Paulsen, Pence, Peterson, Petri, Pitts, Platts, Poe (TX), Posey, Price (GA), Putnam, Radanovich, Rehberg, Reichert, Roe (TN), Rogers (AL), Rogers (KY), Rogers (MI), Rohrabacher, Rooney, Ros-Lehtinen, Roskam, Ross, Royce, Ryan (WI), Scalise, Schmidt, Schock, Sensenbrenner, Sessions, Shadegg, Shimkus, Shuler, Shuster, Simpson, Skelton, Smith (NE), Smith (NJ), Smith (TX), Souder, Space, Stearns, Sullivan, Tanner, Taylor, Teague, Terry, Thompson (PA), Thornberry, Tiahrt, Tiberi, Turner, Upton, Walden, Wamp, Westmoreland, Whitfield, Wilson (SC), Wittman, Wolf, Young (AK), Young (FL)

Voting “yes” / anti-Life: Ackerman, Andrews, Baca, Baird, Baldwin, Bean, Becerra, Berkley, Berman, Bishop (GA), Bishop (NY), Blumenauer, Boccieri, Boswell, Boyd, Brady (PA), Braley (IA), Corrine Brown, Butterfield, Capps, Capuano, Cardoza, Carnahan, Carney, Carson (IN), Castor (FL), Chu, Clarke, Clay, Cleaver, Clyburn, Cohen, Connolly (VA), Conyers, Costa, Costello, Courtney, Crowley, Cuellar, Cummings, Dahlkemper, Davis (CA), Davis (IL), DeFazio, DeGette, Delahunt, DeLauro, Dicks, Dingell, Doggett, Donnelly (IN), Doyle, Driehaus, Edwards (MD), Ellison, Ellsworth, Engel, Eshoo, Etheridge, Farr, Fattah, Filner, Foster, Frank (MA), Fudge, Garamendi, Giffords, Gonzalez, Gordon (TN), Grayson, Al Green, Gene Green, Grijalva, Gutierrez, Hall (NY), Halvorson, Hare, Harman, Hastings (FL), Heinrich, Higgins, Hill, Himes, Hinchey, Hinojosa, Hirono, Hodes, Holt, Honda, Hoyer, Inslee, Israel, Jackson (IL), Jackson-Lee (TX), Johnson (GA), E.B. Johnson, Kagen, Kanjorski, Kaptur, Kennedy, Kildee, Kilpatrick (MI), Kilroy, Kind, Kirkpatrick (AZ), Klein (FL), Kosmas, Kucinich, Langevin, Larsen (WA), Larson (CT), Lee (CA), Levin, Lewis (GA),Lipinski, Loebsack, Zoe Lofgren, Lowey, Lujan, Lynch, Maffei, Maloney, Markey (CO), Markey (MA), Matsui, McCarthy (NY), McCollum, McDermott, McGovern, McNerney, Meek (FL), Meeks (NY), Michaud, Miller (NC), George Miller,Mitchell, Mollohan, Moore (KS), Moore (WI), Moran (VA), Murphy (CT), Murphy (NY), Patrick Murphy, Nadler (NY), Napolitano, Neal (MA), Oberstar, Obey, Olver, Ortiz, Owens, Pallone, Pascrell, Pastor (AZ), Payne, Pelosi, Perlmutter, Perriello, Peters, Pingree (ME), Polis (CO), Pomeroy, Price (NC), Quigley, Rahall, Rangel, Reyes, Richardson, Rodriguez, Rothman (NJ), Roybal-Allard, Ruppersberger, Rush, Ryan (OH), Salazar, Linda Sanchez, Loretta Sanchez, Sarbanes, Schakowsky, Schauer, Schiff, Schrader, Schwartz, Scott (GA), Scott (VA), Serrano, Sestak, Shea-Porter, Sherman, Sires, Slaughter, Smith (WA), Snyder, Speier, Spratt, Stark, Stupak, Sutton, Thompson (CA), Thompson (MS), Tierney, Titus, Tonko, Towns, Tsongas, VanHollen, Velazquez, Visclosky, Walz, Wasserman-Schultz, Waters, Watson, Watt, Waxman, Weiner, Welch, Wilson (OH), Woolsey, Wu, Yarmuth

Senate Voting Record

HR-4872 ObamaCare Reconciliation Act, developed as a ploy to leverage passage of federal control of medical care with no provision to exclude abortion coverage, protect conscience or prevent rationing – March 25, 2010 – Passed 56 to 43 (Democrats in italics; “Independents” marked “I”)

Voting “no” / pro-Life: AL/Sessions & Shelby, AK/Murkowski, AZ/Kyl & McCain, AR/Lincoln & Pryor, FL/LeMieux, GA/Chambliss, ID/Crapo & Risch, IN/Lugar, IA/Grassley, KS/Brownback & Roberts, KY/Bunning & McConnell, LA/Vitter, ME/Collins & Snowe, MA/Brown, MS/Cochran & Wicker, MO/Bond, NE/Johanns & Nelson, NV/Ensign, NH/Gregg, NC/Burr, OH/Voinovich, OK/Coburn & Inhofe, SC/DeMint & Graham, SD/Thune, TN/Alexander & Corker, TX/Cornyn & Hutchison, UT/Bennett & Hatch, WY/Barrasso & Enzi

Voting “yes” / anti-Life: AK/Begich, CA/Boxer & Feinstein, CO/Bennet & Udall, CT/Dodd & Lieberman (I), DE/Carper & Kaufman, FL/Nelson, HI/Akaka & Inouye, IL/Burris & Durbin, IN/Bayh, IA/Harkin, LA/Landrieu, MD/Cardin & Mikulski, MA/Kerry, MI/Levin & Stabenow, MN/Franken & Klobuchar, MO/McCaskill, MT/Baucus & Tester, NV/Reid, NH/Shaheen, NJ/Lautenberg & Menendez, NM/Bingaman & Udall, NY/Gillibrand & Schumer, NC/Hagan, ND/Conrad & Dorgan, OH/Brown, OR/Merkley & Wyden, PA/Casey & Specter, RI/Reed & Whitehouse, SD/Johnson, VT/Leahy & Sanders (I), VA/Warner & Webb, WA/Cantwell & Murray, WV/Byrd & Rockefeller, WI/Feingold & Kohl

Not voting: GA/Isakson

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