Life Advocacy Briefing

Senate Dems Resist Hyde Amendment

THE HYDE AMENDMENT FIGHT forecast in the Senate has pitched the Senate into stalemate over, of all things, S-178, the proposed Justice for Victims of Trafficking legislation, presumed to be bipartisan and noncontroversial.

Within that legislation – and incorporated from the time of its introduction – is language making permanent the Hyde Amendment barring the use of taxpayer funds for abortion. It was not until the bill emerged from committee and the abortion cartel discovered the surely-by-now-settled
Amendment language that Senate Democrats balked and declared they would not support the bill they had already agreed to in committee and which several of them were co-sponsoring. (Co-sponsors of S-178 are listed at the close of this Life Advocacy Briefing, together with the voting records on the cloture motions taken before our writing deadline.) With a few exceptions, the Senate Democrats appear unwilling – at least for now – to back clearly needed legislation on a critical topic of the day in order to cater to the abortion lobby.

Five “cloture” votes to bring the legislation forward were held in the Senate last week before our writing deadline. Four Democratic Senators – Joe Donnelly of Indiana, Heidi Heitkamp of North Dakota, Robert Casey of Pennsylvania and Joe Manchin of West Virginia – consistently broke with their party leadership to support calling the Justice for Victims of Trafficking bill forward for a vote, complete with its pro-life language.

Despite the persistence of Majority Leader Mitch McConnell (R-KY) in bringing cloture motions before the Senate, the legislation for now appears stuck over a provision which the vast majority of American voters support but the abortion industry loathes.

Calls are urgently needed to home-state Senators (Capitol switchboard: 1-202/224-3121) to ask them to vote in favor of the Hyde Amendment. It is critical that Democratic Senators hear from their actual constituents urging them – except for the notable four – to change their votes on this urgent matter; only three more Minority Senators are needed to move the bill to an actual vote. It is equally critical that GOP Senators hear from home that they must stay the course on keeping Hyde Amendment language in the Justice for Victims of Trafficking legislation, lest they weaken in their resolve in the face of what will likely be mounting criticism over the stalemate. We do not need Planned Parenthood lining up for grants and contracts under programs to aid the victims of human trafficking, nor do such victims need taxpayers to be forced to underwrite abortions on them in the name of “providing their health care.”

Lynch in the Lurch?

AFTER THREE ATTEMPTS to bring enough Senate Democrats around to voting for immediate consideration of the high-priority Justice for Victims of Trafficking legislation, Senate Majority Leader Mitch McConnell (R-KY) announced mid-week that he would hold back a confirmation vote on Attorney General nominee Loretta Lynch until after cloture is attained on S-178.

The Senate Democrats’ chief mouthpiece, Sen. Richard Durbin of Illinois, immediately accused Sen. McConnell of racism, focusing his own attention on the color of Ms. Lynch’s skin despite his awareness that Sen. McConnell was seeking to use the Lynch nomination as leverage to persuade the Minority party to allow a vote on Justice for Trafficking Victims, complete with its Hyde Amendment language.

Ms. Lynch is currently the US attorney for the eastern district of New York. Her background includes legal assistance to Planned Parenthood in the abortion behemoth’s resistance to the Partial-Birth Abortion Ban.

Readers are asked again to contact their home-state Senators and request a “no” vote on the Loretta Lynch nomination, in the event the Hyde Amendment stalemate breaks; the Capitol switchboard number is 1-202/224-3121.

Seek to Veto D.C. Trampling of Conscience Rights

A RESOLUTION OF DISAPPROVAL HAS BEEN FILED in the Senate to enact Congressional veto of the District of Columbia’s outrageous new ordinance “forc[ing] religious and pro-life organizations to operate contrary to their missions and sincerely held beliefs,” reports Alliance Defending Freedom (ADF).

SJRes-10, which must be adopted by both the Senate and the House and signed by the President in order to effect the veto, was filed by Sen. Ted Cruz (R-TX), with Sen. James Lankford (R-OK) as his initial co-sponsor. It has been referred to the Senate Committee on Homeland Security & Governmental Affairs.

The proposal stems from actions taken early this year by the city council of the District of Columbia, whose actions – as governing the seat of government of the United States – are subject to Congressional review and veto. A 30-day deadline for action was triggered March 6, making this proposal one of high priority for both houses of Congress.

“The Reproductive Health Non-Discrimination Amendment Act,” ADF explains, “prohibits even pro-life and religious organizations from ‘discriminating’ against employees and potential employees for any ‘reproductive health’ decision, including elective abortions. Under the guise of nondiscrimination,” reads the ADF news release, “the law would also force employers to provide health insurance for elective abortions regardless of the organization’s religious beliefs or pro-life mission.”

Along with SJRes-10, the two Senators filed SJRes-11, which has been sent to the same committee would likewise veto the District of Columbia’s so-called Human Rights Amendment. This second pernicious DC ordinance, according to ADF, “requires faith-based educational institutions to endorse and to provide school resources to individuals and groups who oppose the schools’ religious teachings on sex.”

The filing of this veto legislation should come as no surprise to anyone who has followed the DC city council’s recent adventures. “The legal and constitutional problems with both DC [ordinances] were apparent well before the Council passed them,” note Ryan Anderson and Sarah Torre of The Daily Signal. “Council members received multiple letters from concerned pro-life groups and religious schools in the District,” write the two reporters. “Even the former DC Mayor, Vincent Gray, a liberal Democrat, urged the council to postpone voting on the abortion coverage bill. He noted that a review of the legislation by the Office of Attorney General [OAG] ‘deemed the legislation legally insufficient.’

“The mayor’s letter continued,” reports The Daily Signal: “‘According to the OAG, the bill raises serious concerns under the Religious Freedom Restoration Act of 1993 (RFRA). Religious organizations, religiously affiliated organizations, religiously-driven non-profit entities and political organizations may have strong First Amendment and RFRA grounds for challenging the law’s applicability to them.’”

“‘Americans must be free to exercise their constitutionally protected liberties without fear of punishment,’ said ADF senior counsel Steven H. Aden” in the ADF release. “‘That is a principle that DC officials and Members of Congress should all be willing to respect.’” That goes for the President, too. Should the veto legislation fail – either in the Senate or House or at the White House – another option remains, reports The Daily Signal. “In addition to passing resolutions of disapproval of the two DC bills,” write Mr. Anderson and Ms. Torre, “Congress can also attach riders to annual appropriations which provide federal funds to the District, preventing government monies from being used to put the legislation into effect.” Immediate veto, however, is preferable.

“The threat against conscience rights is serious,” notes The Daily Signal, “for many pro-life groups in DC. Organizations whose mission is to empower women facing unplanned pregnancies with physical and emotional support or who advocate for policies that affirm the dignity and value of both mother and child in law could be forced to provide insurance coverage for the life-ending procedure they oppose,” or to leave DC for friendlier climes.

Do the Right Thing, Senators!

March 19, 2015, statement by Senate Majority Leader Mitch McConnell (R-KY), addressing the Senate

Throughout Democrats’ filibuster of anti-slavery legislation, this is basically what they’ve been telling us: We don’t read legislation we vote on. Even so, it was always a stretch to believe that not a single one of the 13 original Democrat co-sponsors of this bill – nor the many Democrats who voted for this bill in committee, nor their well-educated staffs – could not have been bothered to make it to Page Four before deciding to support it.

Well, support it at least until far-left lobbyists told them they couldn’t any more.

So yesterday’s revelation – that the Democratic side was indeed aware of the language in question – could hardly have surprised anyone. It also makes clear that Democrats decided to yank their support for an anti-slavery bill for one simple reason: because far-left lobbyists said so.

Not because the American people said so.

Nearly 70% of Americans support the kind of bipartisan provisions Democrats now claim they object to. And many Democrats have voted for similar bipartisan Hyde language many times before, in both appropriations and authorizing legislation. So our Democratic colleagues obviously lack a rationale for this continued filibustering of anti-slavery legislation.

And if Democrats truly are sincere about wanting to move to an Attorney General vote as soon as possible, then they should consider some recent advice from the Chicago Tribune. Here is what it said: Democrats on the Judiciary Committee have endorsed the same bill they are now filibustering, it noted. So, quote, “all they have to do is allow a vote” on the same bill to move to another vote they claim to want to have. And yet, as the Tribune also noted, Democrats do not, quote, “want to go on the record against a bill aimed at combating the evils of human trafficking. So they are blocking a vote – yes, blocking a law to combat human trafficking – in hopes that they can get their way.”

Here’s how the editorial concluded. This is the part our Democratic friends should listen to closely: “Democrats,” it implored. “Vote to move forward with the human trafficking bill. Then the Senate can get on with approving a new Attorney General. And Democrats can resolve never again to vote for a bill they haven’t read.”

It seems so simple: Ignore the lobbyists; vote to give hope to the victims of slavery instead. That’s the right thing to do. And today, we’ll give our friends another chance to show where they stand in this debate over modern slavery.

Senate Voting Records

Motions # 1 & 2 to Invoke Cloture (Advance to Consideration) on S-178 – Justice for Victims of Trafficking Act with Hyde Amendment Language Barring Use of Taxpayer Funds for Abortion – March 17, 2015 – Failed 55-43 (needing 60) (Democrats in italics; “Independents” marked “I”; new Members in ALL CAPS) (Identical roll calls on two motions to invoke cloture) Note: Wherever the Senate Majority Leader, Mr. McConnell, is shown as voting “no” on these motions, he did so in order to reserve the right to move to reconsider the failed votes and keep the matter alive; his votes here should not be considered “anti-Life.”

Voting “yes” / pro-Life: Sessions & Shelby/AL, Murkowski & SULLIVAN/AK, Flake & McCain/AZ, Boozman & COTTON/AR, GARDNER/CO, Rubio/FL, Isakson & PERDUE/GA, Crapo & Risch/ID, Kirk/IL, Coats & Donnelly/IN, ERNST & Grassley/IA, Moran & Roberts/KS, Paul/KY, CASSIDY & Vitter/LA, Collins/ME, Cochran & Wicker/MS, Blunt/MO, DAINES/MT, Fischer & SASSE/NE, Heller/NV, Ayotte/NH, Burr & TILLIS/NC, Heitkamp & Hoeven/ND, Portman/OH, Inhofe & LANKFORD/OK, Casey & Toomey/PA, Scott/SC, ROUNDS & Thune/SD, Alexander & Corker/TN, Cornyn/TX, Hatch & Lee/UT, CAPITO & Manchin/WV, Johnson/WI, Barrasso & Enzi/WY.

Voting “no” / anti-Life: Boxer & Feinstein/CA, Bennet/CO, Blumenthal & Murphy/CT, Carper & Coons/DE, Nelson/FL, Hirono & Schatz/HI, Durbin/IL, McConnell/KY, King(I)/ME, Cardin & Mikulski/MD, Markey & Warren/MA, PETERS & Stabenow/MI, Franken & Klobuchar/MN, McCaskill/MO, Tester/MT, Reid/NV, Shaheen/NH, Booker & Menendez/NJ, Heinrich & Udall/NM, Gillibrand & Schumer/NY, Brown/OH, Merkley & Wyden/OR, Reed & Whitehouse/RI, Leahy & Sanders(I)/VT, Kaine & Warner/VA, Cantwell & Murray/WA, Baldwin/WI.

Not voting: Graham/SC, Cruz/TX.

Motion # 3 to Invoke Cloture (Advance to Consideration) on S-178 – Justice for Victims of Trafficking Act with Hyde Amendment Language Barring Use of Taxpayer Funds for Abortion – March 18, 2015 – Failed 57-41 (needing 60) (Democrats in italics; “Independents” marked “I”)

Voting “yes” / pro-Life: Sessions & Shelby/AL, Murkowski & Sullivan/AK, Flake & McCain/AZ, Boozman & Cotton/AR, Gardner/CO, Rubio/FL, Isakson & Perdue/GA, Crapo & Risch/ID, Kirk/IL,
Coats & Donnelly/IN, Ernst & Grassley/IA, Moran & Roberts/KS, McConnell & Paul/KY, Cassidy & Vitter/LA, Collins/ME, Cochran & Wicker/MS, Blunt/MO, Daines/MT, Fischer & Sasse/NE, Heller/NV, Ayotte/NH, Burr & Tillis/NC, Heitkamp & Hoeven/ND, Portman/OH, Inhofe & Lankford/OK, Casey & Toomey/PA, Graham & Scott/SC, Rounds & Thune/SD, Corker/TN, Cornyn & Cruz/TX, Hatch & Lee/UT, Capito & Manchin/WV, Johnson/WI, Barrasso & Enzi/WY.

Voting “no” / anti-Life: Boxer & Feinstein/CA, Bennet/CO, Blumenthal & Murphy/CT, Carper & Coons/DE, Nelson/FL, Hirono & Schatz/HI, Durbin/IL, King(I)/ME, Cardin & Mikulski/MD, Markey & Warren/MA, Peters & Stabenow/MI, Franken & Klobuchar/MN, McCaskill/MO, Tester/MT, Reid/NV, Shaheen/NH, Booker & Menendez/NJ, Heinrich & Udall/NM, Gillibrand & Schumer/NY, Merkley & Wyden/OR, Reed & Whitehouse/RI, Leahy & Sanders(I)/VT, Kaine & Warner/VA, Cantwell & Murray/WA, Baldwin/WI.

Not voting: Alexander/TN, Brown/OH.

Motions # 4 & 5 to Invoke Cloture (Advance to Consideration) on S-178 – Justice for Victims of Trafficking Act with Hyde Amendment Language Barring Use of Taxpayer Funds for Abortion – March 19, 2015 – Failed 56-42 (needing 60) (Democrats in italics; “Independents” marked “I”) (Identical roll calls on two motions to invoke cloture)

Voting “yes” / pro-Life: Sessions & Shelby/AL, Murkowski & Sullivan/AK, Flake & McCain/AZ, Boozman & Cotton/AR, Gardner/CO, Rubio/FL, Isakson & Perdue/GA, Crapo & Risch/ID, Kirk/IL, Coats & Donnelly/IN, Ernst & Grassley/IA, Moran & Roberts/KS, Paul/KY, Cassidy & Vitter/LA, Collins/ME, Cochran & Wicker/MS, Blunt/MO, Daines/MT, Fischer & Sasse/NE, Heller/NV, Ayotte/NH, Burr & Tillis/NC, Heitkamp & Hoeven/ND, Portman/OH, Inhofe & Lankford/OK, Casey & Toomey/PA, Graham & Scott/SC, Rounds & Thune/SD, Corker/TN, Cornyn & Cruz/TX, Hatch & Lee/UT, Capito & Manchin/WV, Johnson/WI, Barrasso & Enzi/WY.

Voting “no” / anti-Life: Feinstein/CA, Bennet/CO, Blumenthal & Murphy/CT, Carper & Coons/DE, Nelson/FL, Hirono & Schatz/HI, Durbin/IL, McConnell/KY, King(I)/ME, Cardin & Mikulski/MD, Markey & Warren/MA, Peters & Stabenow/MI, Franken & Klobuchar/MN, McCaskill/MO, Tester/MT, Reid/NV, Shaheen/NH, Booker & Menendez/NJ, Heinrich & Udall/NM, Gillibrand & Schumer/NY, Brown/OH, Merkley & Wyden/OR, Reed & Whitehouse/RI, Leahy & Sanders(I)/VT, Kaine & Warner/VA, Cantwell & Murray/WA, Baldwin/WI.

Not voting: Boxer/CA, Alexander/TN.

Co-sponsors of S-178, listed by party: Democratic Senators Dianne Feinstein (CA), Richard Blumenthal (CT), Christopher Coons (DE), Richard Durbin (IL), Gary Peters (MI), Amy Klobuchar (MN), Tom Udall (NM), Kirsten Gillibrand & Charles Schumer (NY), Heidi Heitkamp (ND), Ron Wyden (OR) and Robert Casey (PA).

Also, GOP Senators John Boozman (AR), Marco Rubio (FL), Mike Crapo (ID), Mark Kirk (IL), Daniel Coats (IN), Chuck Grassley (IA), Susan Collins (ME), Thad Cochran & Roger Wicker (MS), Roy Blunt (MO), Steve Daines (MT), Deb Fischer (NE), Kelly Ayotte (NH), John Hoeven (ND), Pat Toomey (PA), Lindsey Graham & Tim Scott (SC), John Thune (SD), Orrin Hatch (UT), Shelley Capito (WV) and Ron Johnson (WI).

Sen. Barbara Boxer (D-CA) co-sponsored the bill March 9 and then, on March 10, withdrew her name.