Life Advocacy Briefing

May 9, 2011

HR-3 Passes House / ‘Hyde’ Law Filed in Senate, Too / Peeling Back ObamaCare
/ Senate Confirms Judicial Nominee / Persecution Ends / March for Life Speech /
Senate Voting Records / House Voting Record

HR-3 Passes House

THE U.S. HOUSE WEDNESDAY SENT TO THE SENATE legislation making the traditional Hyde Amendment a permanent federal law and extending its provisions government-wide. The “No Taxpayer Funding for Abortion Act” – HR-3 – passed by a stunning 251 to 175. We publish the voting record at the close of this Life Advocacy Briefing; we will publish the roll calls on two procedural motions related to HR-3 as soon as space permits in future editions.

The vote came a day after the White House issued a veto threat, declaring: “The Administration will strongly oppose legislation that unnecessarily restricts women’s reproductive freedoms and consumers’ private insurance options. If the President is presented with HR-3, his senior advisors would recommend that he veto the bill.” It still must clear the Senate before going to the President.

The measure was introduced in January by Rep. Chris Smith (R-NJ) and Rep. Dan Lipinski (D-IL), co-chairmen of the House Pro-Life Caucus.

HR-3 would put the long-standing ban on taxpayer funding of abortion into permanent law, as the Hyde Amendment has always been a provision which has needed to be incorporated into appropriation bills every year.

It would also extend Hyde prohibitions throughout the federal government. Though many voters and even Members of Congress have long assumed “Hyde” applied to all federal programs, in reality, the Hyde Amendment to the annual appropriation for Health & Human Services has restricted Medicaid funding; other provisions have had to be adopted separately and annually to bar taxpayer abortion subsidies in other programs like federal employee benefits, federal prisons and the military.

The proposal would also codify the Hyde/Weldon conscience clause, extending it government-wide and providing enforcement mechanisms, and it would bar abortion coverage through tax-exempt health savings accounts.


‘Hyde’ Law Filed in Senate, Too

SEN. ROGER WICKER (R-MS) INTRODUCED THE SENATE’s “No Taxpayer Funding for Abortion Act,” an exact copy of HR-3 as passed by the House. The Senate measure is numbered S-906.

Co-sponsoring the measure, as of our deadline, are the following GOP Senators: Richard Shelby (AL), Jon Kyl (AZ), John Boozman (AR), Marco Rubio (FL), James Risch (ID), Charles Grassley (IA), Dan Coats (IN), Jerry Moran (KS), Rand Paul (KY), David Vitter (LA), Thad Cochran (MS), Roy Blunt (MO), Mike Johanns (NE), Kelly Ayotte (NH), Richard Burr (NC), Jim Inhofe & Tom Coburn (OK), Jim DeMint (SC), John Thune (SD), Orrin Hatch (UT), and John Barrasso & Mike Enzi (WY).

Sen. Wicker indicated in a news release Thursday that he hopes for a strong, bipartisan Senate vote on S-906 echoing the House passage of HR-3.


Peeling Back ObamaCare

IMMEDIATELY BEFORE TAKING UP HR-3, the House passed legislation – on a vote of 235 to 191 – to repeal mandatory funding for school-based health clinic construction.

The funding and the universal school clinic program were provisions in the ObamaCare package passed some 13 months ago.

We plan to publish the voting records on final passage of HR-1214 and on a procedural motion by which an Obama ally sought to recommit the measure to committee. Space will not permit these two roll calls’ inclusion in this edition of Life Advocacy Briefing, but we consider these motions to have impact on the abortion issue, as school-based clinics have too often been used, especially in urban areas, to foster sexual activity in adolescents and even to refer pregnant students for abortion. School-based clinics are not, as their backers claim, “needed” for such benign purposes as student athlete exams or health screenings – certainly not at the expense of taxpayers – and the inclusion of illicit “services” has been a problem from the inception of the concept.


Senate Confirms Judicial Nominee

THE U.S. SENATE HAS VOTED TO CONFIRM one of the most controversial of Pres. Obama’s judicial nominees, Rhode Island attorney John J. “Jack” McConnell, a former state Democratic party official with roots in Planned Parenthood and a record of contributions to the abortion industry’s political arm, EMILY’s List.

Confirmation of the radical Mr. McConnell came Wednesday night on a 50-to-44 vote, which we publish near the close of this Life Advocacy Briefing.

But the vote that really counted was the cloture vote, which required 60 Senators to okay a final vote on the nomination. Had that motion failed, there would have been no confirmation motion advanced. But fully 63 Senators voted “yes” and only 33 “no.” We publish this voting record, too, and urge readers to take it more seriously than the confirmation vote. Those who live in the states of Senators who voted “yes” on cloture and then turned around and voted “no” on confirmation might wish to ask their Senators for an explanation. The confirmation vote, incidentally, was taken less than five hours after the cloture motion passed.

The Senate had previously twice refused to consider confirming John McConnell. Though many organizations, including the US Chamber of Commerce, oppose his nomination and the American Bar Assn. gave him a lackluster rating, Pres. Obama persisted, and Mr. McConnell has now achieved a life-long term on the federal bench in Rhode Island.

Life Advocacy Briefing issued a special edition alert to our electronic mail subscribers on Tuesday night, soon after Majority Leader Harry Reid (D-NV) announced he would be filing immediate cloture on the controversial appointment. We thank those readers who weighed in with their Senators, and we thank those 33 Senators who voted against cloture for this unqualified ideologue.


Persecution Ends

THE UNIVERSITY OF NOTRE DAME in South Bend, Indiana, has dropped charges pending for the past two years against nearly all of the pro-life citizens who peacefully protested the University’s 2009 Commencement honors bestowed on the Abortion President, Barack Obama.

The prosecutor in St. Joseph County, Indiana, dismissed the charges as part of an agreement between the University and the pro-life pro-bono law firm, Thomas More Society, which has been representing the “ND88.” Praise the Lord.

“The parties remain in profound disagreementover the 2009 Commencement,” the law firm stated in its release, “but after prayerful consideration, they have decided to put their differences behind them, to cease battling in court and rather to affirm a commitment to the fundamental proposition that each and every human life is sacred, from conception until natural death, no matter whether rich or poor, humble or exalted, wanted or “unwanted.”


March for Life Speech

Congressional speech delivered at the Jan. 24, 2011, March for Life, transcribed by Life Advocacy Briefing from videocoverage; more to follow in future editions.

Rep. Chris Smith (R-NJ): My wife Marie and I are so grateful to be here and to join tens of thousands of people marching for Life. You know, ladies and gentlemen, America got another wake-up call last week with the arrest of an abortionist in Philadelphia who is charged in the killing of a woman and seven babies who were aborted, briefly survived, then killed by severing their spinal cords with a pair of scissors. The tens of thousands of young people here today, bravely defending the youngest people in America, know that the killings in Philadelphia – and all abortion – is violence against women and children. They know that the only thing the multibillion-dollar abortion industry produces is victims and that women deserve better than abortion. They know that the pro-life movement loves, honors, deeply respects and welcomes post-abortive women who are silent no more. Our young people know child abuse when they see it. And they – and all of us – demand that abortion ends.

In order to sanitize the violence of abortion, the multibillion-dollar abortion industry systematically dehumanizes and weakens the most vulnerable among us. This “acceptable” bigotry – this prejudice against the child in the womb – has been promoted for decades, despite breathtaking advances in fetal medicine, including microsurgery and disease mitigation, underscoring the fact that an unborn child is often a patient in need of care, just like anyone else. And despite the amazing window to the womb, ultrasound imaging.

As many of you know, the evidence suggests that when public funding is unavailable, the number of abortions drop dramatically, by about 25%.  So last week, with the full and unequivocal support of Speaker John Boehner, Majority Leader Eric Cantor, and the rest of our Leadership team, all of whom are here, more than 135 Members in all* – including a Democrat, Dan Lipinski – we introduced the No Taxpayer Funding for Abortion, HR-3, a government-wide prohibition on taxpayer subsidization for abortion and conscience protections for healthcare professionals. My friends, my friends, we need your help, we need your help in persuading the Abortion President – who put abortion in ObamaCare, notwithstanding a flawed executive order – to get this legislation passed.

And let us commit, finally, today with persevering prayer, with fasting and hard work, to ensure the human rights of all, regardless of age, race, religion, sex, disability, immaturity or condition of dependency. God bless you all.

*The 135+ sponsors were the original co-sponsors of HR-3. By the time it passed the House last Wednesday, it had acquired 227 sponsors.


Senate Voting Records

Cloture Motion advancing nomination of John J. McConnell to Federal District Court of Rhode Island – May 4, 2011 – Adopted 63 to 33, needing 60 (Democrats in italics; “Independents” marked “I”)

Voting “no” / pro-Life: AL/Sessions & Shelby, AZ/Kyl, AR/Boozman, FL/Rubio, ID/Crapo & Risch, IN/Coats & Lugar, IA/Grassley, KS/Moran & Roberts, KY/McConnell & Paul, LA/Vitter, MS/Cochran & Wicker, MO/Blunt, NE/Johanns, NH/Ayotte, NC/Burr, ND/Hoeven, OH/Portman, OK/Inhofe, PA/Toomey, SC/DeMint, TN/Corker, TX/Cornyn & Hutchison, UT/Lee, WI/Johnson, WY/Barrasso & Enzi.

Voting “yes” / anti-Life: AK/Begich & Murkowski, AZ/McCain, AR/Pryor, CA/Boxer & Feinstein, CO/Bennet & Udall, CT/Blumenthal & Lieberman (I), DE/Carper & Coons, FL/Nelson, GA/Chambliss & Isakson, HI/Inouye, IL/Durbin & Kirk, IA/Harkin, LA/Landrieu, ME/Collins & Snowe, MD/Cardin & Mikulski, MA/Brown & Kerry, MI/Levin & Stabenow, MN/Franken & Klobuchar, MO/McCaskill, MT/Baucus & Tester, NE/Nelson, NV/Reid, NH/Shaheen, NJ/Lautenberg & Menendez, NM/Bingaman & Udall, NY/Gillibrand & Schumer, NC/Hagan, ND/Conrad, OH/Brown, OR/Merkley & Wyden, PA/Casey, RI/Reed & Whitehouse, SC/Graham, SD/Johnson & Thune, TN/Alexander, VT/Leahy & Sanders (I), VA/Warner & Webb, WA/Cantwell & Murray, WV/Manchin & Rockefeller, WI/Kohl.

Voting “present”: UT/Hatch.

Not Voting: HI/Akaka, OK/Coburn.

Confirmation of John J. McConnell to Federal District Court of Rhode Island – May 4, 2011 – Confirmed 50 to 44 (Democrats in italics; “Independents” marked “I”)

Voting “no” / pro-Life: AL/Sessions & Shelby, AK/Murkowski, AZ/Kyl & McCain, AR/Boozman, FL/Rubio, GA/Chambliss & Isakson, ID/Crapo & Risch, IL/Kirk, IN/Coats & Lugar, IA/Grassley, KS/Moran, KY/McConnell & Paul, LA/Vitter, ME/Collins & Snowe, MA/Brown, MS/Cochran & Wicker, MO/Blunt, NE/Johanns, NH/Ayotte, NC/Burr, ND/Hoeven, OH/Portman, OK/Inhofe, PA/Toomey, SC/DeMint & Graham, SD/Thune, TN/Alexander & Corker, TX/Cornyn & Hutchison, UT/Hatch & Lee, WI/Johnson, WY/Barrasso & Enzi.

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

Not Voting: CA/Boxer, KS/Roberts, HI/Akaka, OK/Coburn, WA/Murray.

(Switchers from “Yes” on cloture to “No” on confirmation: AK/Murkowski, AZ/McCain, GA/Chambliss & Isakson, IL/Kirk, ME/Collins & Snowe, MA/Brown, SC/Graham, SD/Thune, TN/Alexander.)


House Voting Record

HR-3 – No Taxpayer Funding For Abortion Act – May 4, 2011 – Passed 251-175 (Democrats in italics)

Voting “yes” / pro-Life: AL/Aderholt, Bachus, Bonner, Brooks, Roby, Rogers; AK/Young; AZ/Flake, Franks, Gosar, Quayle, Schweikert; AR/Crawford, Griffin, Ross, Womack; CA/Bono-Mack, Calvert, Campbell, Denham, Dreier, Gallegly, Herger, Hunter, Issa, Lewis, Lungren, McCarthy, McClintock, McKeon, Gary Miller, Nunes, Rohrabacher, Royce; CO/Coffman, Gardner, Lamborn, Tipton; FL/Adams, Buchanan, Crenshaw, Diaz-Balart, Mack, Mica, Miller, Nugent, Posey, Rivera, Rooney, Ros-Lehtinen, Ross, Southerland, Stearns, Webster, West, Young; GA/Broun, Gingrey, Graves, Kingston, Price, Austin Scott, Westmoreland, Woodall; ID/Labrador, Simpson; IL/Biggert, Costello, Dold, Hultgren, Johnson, Kinzinger, Lipinski, Manzullo, Roskam, Schilling, Schock, Shimkus, Walsh; IN/Bucshon, Burton, Donnelly, Pence, Rokita, Stutzman, Young; IA/King, Latham; KS/Huelskamp, Jenkins, Pompeo, Yoder; KY/Davis, Guthrie, Rogers, Whitfield; LA/Alexander, Boustany, Cassidy, Fleming, Landry, Scalise; MD/Bartlett, Harris; MI/Amash, Benishek, Camp, Huizenga, Kildee, McCotter, Miller, Rogers, Upton, Walberg; MN/Bachmann, Cravaack, Kline, Paulsen, Peterson; MS/Harper, Nunnelee, Palazzo; MO/Akin, Graves, Hartzler, Long, Luetkemeyer; MT/Rehberg; NE/Fortenberry, Smith, Terry; NV/Heck, Heller; NH/Bass, Guinta; NJ/Frelinghuysen, Garrett, Lance, LoBiondo, Runyan, Smith; NM/Pearce; NY/Buerkle, Gibson, Grimm, Hanna, Hayworth, King, Reed; NC/Coble, Ellmers, Foxx, Jones, McHenry, McIntyre, Myrick, Shuler; ND/Berg; OH/Austria, Chabot, Gibbs, Johnson, Jordan, Kaptur, LaTourette, Latta, Renacci, Schmidt, Stivers, Tiberi, Turner; OK/Boren, Cole, Lankford, Lucas, Sullivan; OR/Walden; PA/Altmire, Barletta, Critz, Dent, Fitzpatrick, Gerlach, Holden, Kelly, Marino, Meehan, Murphy, Pitts, Platts, Shuster, Thompson; SC/Duncan, Gowdy, Mulvaney, Scott, Wilson; SD/Noem; TN/Black, Blackburn, DesJarlais, Duncan, Fincher, Fleischmann, Roe; TX/Barton, Brady, Burgess, Canseco, Carter, Conaway, Cuellar, Culberson, Farenthold, Flores, Gohmert, Granger, Hall, Hensarling, Marchant, McCaul, Neugebauer, Olson, Paul, Poe, Sessions, Smith, Thornberry; UT/Bishop, Chaffetz, Matheson; VA/Cantor, Forbes, Goodlatte, Griffith, Hurt, Rigell, Wittman, Wolf; WA/Hastings, Herrera-Beutler, McMorris-Rodgers, Reichert; WV/Capito, McKinley, Rahall; WI/Duffy, Ribble, Ryan, Sensenbrenner; WY/Lummis.

Voting “no” / anti-Life: AL/Sewell; AZ/Grijalva, Pastor; CA/Baca, Bass, Becerra, Berman, Capps, Cardoza, Chu, Costa, Davis, Eshoo, Farr, Filner, Garamendi, Honda, Lee, Lofgren, Matsui, McNerney, George Miller, Napolitano, Pelosi, Richardson, Roybal-Allard, Linda Sanchez, Loretta Sanchez, Schiff, Sherman, Speier, Stark, Thompson, Waters, Waxman, Woolsey; CO/DeGette, Perlmutter, Polis; CT/Courtney, DeLauro, Himes, Larson, Murphy; DE/Carney; FL/Brown, Castor, Deutch, Hastings, Wasserman-Schultz, Wilson; GA/Barrow, Bishop, Johnson, Lewis, David Scott; HI/Hanabusa, Hirono; IL/Davis, Gutierrez, Jackson, Quigley, Rush, Schakowsky; IN/Carson, Visclosky; IA/Boswell, Braley, Loebsack; KY/Chandler, Yarmuth; LA/Richmond; ME/Michaud, Pingree; MD/Cummings, Edwards, Hoyer, Ruppersberger, Sarbanes, VanHollen; MA/Capuano, Frank, Keating, Lynch, Markey, McGovern, Neal, Olver, Tierney, Tsongas; MI/Clarke, Conyers, Dingell, Levin, Peters; MN/Ellison, McCollum, Walz; MS/Thompson; MO/Carnahan, Clay, Cleaver; NV/Berkley; NJ/Andrews, Holt, Pallone, Pascrell, Payne, Rothman, Sires; NM/Heinrich, Lujan; NY/Ackerman, Bishop, Clarke, Crowley, Engel, Higgins, Hinchey, Israel, Lowey, Maloney, McCarthy, Meeks, Nadler, Owens, Rangel, Serrano, Slaughter, Tonko, Towns, Velazquez, Weiner; NC/Butterfield, Kissell, Miller, Price, Watt; OH/Fudge, Kucinich, Ryan, Sutton; OR/Blumenauer, DeFazio, Schrader, Wu; PA/Brady, Doyle, Fattah, Schwartz; RI/Cicilline, Langevin; SC/Clyburn; TN/Cohen, Cooper; TX/Doggett, Gonzalez, Al Green, Gene Green, Hinojosa, Jackson-Lee, E.B. Johnson, Reyes; VT/Welch; VA/Connolly, Moran, Scott; WA/Dicks, Inslee, Larsen, McDermott, Smith; WI/Baldwin, Kind, Moore.

Not voting: AZ/Giffords; CA/Bilbray; FL/Bilirakis; MO/Emerson; OH/Boehner; TX/Sam Johnson; WI/Petri.

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