Life Advocacy Briefing

Senate Wrangles Over ObamaCare Repeal

THE SENATE SPENT MUCH OF LAST WEEK IN DEBATE over proposals to “repeal and replace” ObamaCare. The votes started off with a roll call on a motion to proceed to consider the Reconciliation Bill which passed the House this spring, in order to get the debate started on what would be the Senate’s version of the measure. The “motion to proceed” was a procedural vote without which no proposal could even be considered on ObamaCare repeal and Planned Parenthood defunding; the two major initiatives were combined in the House Reconciliation proposal.

We are publishing the Senate’s roll call on the procedural motion at the close of this Life Advocacy Briefing. Further Senate action on the measure was developing at our publication deadline.

We note with concern an opinion issued by the Senate Parliamentarian, an unelected official whose service has been held over since appointment in 2012 by then-Senate Majority Leader Harry Reid (D). In that July 23 opinion, Elizabeth MacDonough charged that the inclusion of Planned Parenthood defunding would violate a Senate budget reconciliation standard called “the Byrd rule.” At the time of our deadline, pro-life advocates in Washington were reporting that they were working on alternative language which would qualify the defunding initiative under Senate rules.

The Tragic Warning of Charlie Gard

AFTER MEETING WITH DOCTORS THEY COULD TRUST, the parents of Charlie Gard concluded last week that his muscles have deteriorated too far to expect treatment now to afford him the benefits he could have had if they had been allowed by the British government to have the severely disabled infant treated during their protracted court battle to secure their rights as his parents. They have withdrawn their lawsuits and are, at this writing, embroiled in a dispute with London’s government-run Great Ormond Street Hospital over whether they will be permitted to take him home or whether they will be required to place him in a hospice facility while life-support systems are withdrawn.

The heartbreaking saga of Charlie Gard stands as a warning worldwide, a warning against government-controlled health care. Anticipating, along now with his parents, his soon departure for heaven, we ask that he rest in peace. And that the rest of us take seriously the warning his case represents. Such a sad outcome.

‘Heartbeat’ Bill Gaining Strength

REP. STEVE KING (R-IA) & ALLIES HAVE BEEN WORKING to add co-sponsors to his HR-490 – known as the Heartbeat Bill – in hope of demonstrating to leaders of the House Judiciary Committee and of the House that this is a pro-life bill which has earned a hearing and a vote; the bill outlaws abortion on babies whose heartbeat can be detected and requires abortionists to check for it. We have reported on this measure previously, and we have listed the co-sponsors who were on the bill by the end of May.

We list now the Members who are co-sponsoring HR-490 as of July 27, and we ask our readers to call their own lawmaker and either thank him or her for co-sponsoring the Heartbeat Bill or ask him or her to sign on. They can be reached via the Capitol switchboard at 1-202/224-3121.

Here are the sponsors as of this writing: Rep. King and GOP Representatives Robert Aderholt, Mo Brooks, Bradley Byrne, Gary Palmer, Martha Roby & Mike Rogers (AL); Don Young (AK); Andy Biggs, Trent Franks, Paul Gosar & David Schweikert (AZ); Rick Crawford, French Hill, Bruce Westerman & Steve Womack (AR); Duncan Hunter, Doug LaMalfa, Dana Rohrabacher & David Valadao (CA); Ken Buck, Gregg Harper & Doug Lamborn (CO); Gus Bilirakis, Vern Buchanan, Neal Dunn, Matt Gaetz, Brian Mast, Francis Rooney, Thomas Rooney, Dennis Ross, John Rutherford, Daniel Webster & Ted Yoho (FL); Rick Allen, Buddy Carter, Doug Collins, Drew Ferguson, Tom Graves, Jody Hice, Barry Loudermilk & Austin Scott (GA); Raul Labrador (ID); Mike Bost, Rodney Davis, Randy Hultgren, Darin LaHood, Peter Roskam & John Shimkus (IL); Jim Banks & Todd Rokita (IN); Rod Blum & David Young (IA); Ron Estes, Roger Marshall & Kevin Yoder (KS); Andy Barr, James Comer, Brett Guthrie & Thomas Massie (KY); and Ralph Abraham, Garret Graves, Clay Higgins & Mike Johnson (LA).

Also, GOP Representatives Andy Harris (MD); Justin Amash, Jack Bergman, Mike Bishop, Bill Huizenga, Paul Mitchell, John Moolenaar & Tim Walberg (MI); Tom Emmer (MN); Trent Kelly & Steven Palazzo (MS); Sam Graves, Vicky Hartzler, Billy Long, Blake Luetkemeyer, Jason Smith & Ann Wagner (MO); Don Bacon, Jeff Fortenberry & Adrian Smith (NE); Stevan Pearce (NM); Claudia Tenney (NY); Ted Budd, George Holding, Richard Hudson, Walter Jones, Patrick McHenry, Mark Meadows, Robert Pittenger, David Rouzer & Mark Walker (NC); Kevin Cramer (ND); Steve Chabot, Warren Davidson, Bob Gibbs, Bill Johnson, Jim Jordan, James Renacci & Brad Wenstrup (OH); Jim Bridenstine, Tom Cole, Frank Lucas, Markwayne Mullin & Steve Russell (OK); Lou Barletta, Mike Kelly, Tom Marino, Tim Murphy, Scott Perry, Keith Rothfus, Bill Shuster, Lloyd Smucker & Glenn Thompson (PA); Jeff Duncan, Trey Gowdy, Ralph Norman, Tom Rice & Joe Wilson (SC); Kristi Noem (SD); Marsha Blackburn, Scott DesJarlais, John Duncan, Charles Fleischmann, David Kustoff & David Roe (TN); Jodey Arrington, Brian Babin, Joe Barton, Kevin Brady, Michael Burgess, John Carter, Michael Conaway, John Culberson, Blake Farenthold, Bill Flores, Louie Gohmert, Jeb Hensarling, Sam Johnson, Kenny Marchant, Michael McCaul, Pete Olson, Ted Poe, John Ratcliffe, Lamar Smith, Mac Thornberry, Randy Weber & Roger Williams (TX); Rob Bishop & Mia Love (UT); Dave Brat, Thomas Garrett & Robert Wittman (VA); David McKinley & Alex Mooney (WV); and Sean Duffy, Mike Gallagher & Glenn Grothman (WI).

Court Victory for Pregnancy Centers

A FEDERAL JUDGE HAS ISSUED A PRELIMINARY INJUNCTION favoring the conscience/speech rights of 147 pro-life pregnancy centers in Illinois.

The temporary enforcement ban handed down July 19 by Chicago-based District Judge Fredrick Kapala, reports Illinois Review, “broadly protects all ‘healthcare facilities, healthcare personnel or physicians who object to providing information about healthcare providers who may offer abortion or who object to describing abortion as a beneficial treatment option.’” The law in question, reports IR, “require[s] pro-life doctors and medical staff to provide referrals to abortion clinics and to speak of the ‘benefits’ of abortion as a treatment option.”

Another group of pregnancy centers secured a preliminary injunction in state court late last year, reports IR, so the law has yet to be enforced. “In its opinion,” writes IR, “the state court questioned as to why Illinois would require the very individuals who object to abortion services to become a source of information about them.” Forecasting eventual victory by the plaintiffs, Judge Kapala wrote, reports IR, “‘It is clear that the amended Act targets the free speech rights of people who have a specific viewpoint.’”

The controversy was engendered by the Illinois General Assembly, which is controlled by Democrats, and by Illinois Gov. Bruce Rauner, elected as a Republican. Despite urgings by Illinois’s pro-life community, Gov. Rauner signed the amendment to Illinois’ Healthcare Right of Conscience Act, whose purpose is to protect conscience rights, not undermine them as the “amendment” did.

Plaintiffs in the federal case include several pregnancy care centers and the National Institute of Family & Life Advocates, which, according to its Internet website, “provides life-affirming pregnancy resource centers with legal counsel, education and training.” Among the attorneys on the case is Noel Sterett of Chicago-based pro-bono firm Mauck & Baker; Mr. Sterett is associated with the Alliance Defending Freedom, an alliance of some 3,100 attorneys trained by ADF to represent litigants in legal rights cases.

A state law similarly targeting California pregnancy centers has been upheld by the oft-overturned 9th Circuit Court of Appeals in a ruling which pro-life advocates have appealed to the US Supreme Court. The Court is expected to indicate, as early as September, whether it will take up the landmark free-speech case.

Realism

July 25, 2017, commentary by Fr. Frank Pavone, national director, Priests for Life

            There is a tremendous amount of momentum and new resolve in the pro-life movement, building on the 2016 election victories and the continued victories in the special elections held in recent months.

            But in some pro-life circles, a certain political cynicism raises its ugly head, and it is dangerous to our mission. When things don’t happen quickly enough, our pro-life congressmen and Senators are accused of being cowardly, traitorous or lazy politicians. We often say, in regard to passing pro-life legislation, that we need to put pressure on those we elected and “hold their feet to the fire.” While it is true that our legislators are accountable to us, the people they represent, we need to avoid an attitude of distrust, doubt and expectant failure. We are the ones who put these people in office, and before we talk about their feet, we should talk about their arms. As Aaron and Hur held up Moses’s arms during a battle in which the Israelites were engaged, so must we “hold up the arms” of our elected lawmakers. As long as Aaron and Hur continued to support Moses, the Israelites were winning. But as soon as they dropped their support, they started losing. The victory was dependent on their active support. And support is not passive or automatic.

            We, too, need to support our elected officials. When we elect them, we willingly share in the burden of their responsibility. We do not vote them in and then take a back seat and watch what they can do for us. Our government is by the people and for the people. That means we need to be directly involved and be ready to stand with them actively in any pro-life battle rather than take a judgmental attitude toward them. We affirm pro-life members of Congress by actively backing them up. This is not a dynamic of “them” against “us.” We are in this together. When they succeed, we succeed. In engaging a positive spirit to affirm them, we affirm ourselves and the fact that our votes make a difference. And they do. But you wouldn’t know it by the comments that some pro-life activists voice.

            Part of the criticism comes from a lack of understanding. Creating or changing legislation does not happen overnight. Some believe that after we vote people in, we should expect immediate change. But the legislative process simply doesn’t work that way. It took a decade for the ban on partial-birth abortion to be passed, signed into law and ultimately upheld by the Supreme Court. This seems like a long time, and it is in regard to the urgent battle to save human life. But the lawmaking process is long and tedious. We need to understand the landscape; after all, we are part of it.

            Now I am not saying we shouldn’t aim high and work fast. Quite the contrary. Nor am I commenting here on the complex dynamics involved in the current effort to repeal and replace ObamaCare. I applaud the President and Senate and House leaders who are working to get this done as quickly and thoroughly as possible. My point here, instead, is to push back on the cynicism that too quickly cries “betrayal” in pro-life ranks and that often fails to appreciate the complexities of the lawmaking process.

            Currently, and with very narrow exceptions, to get pro-life legislation passed, Republicans need a 60-vote “supermajority” in the US Senate. (One of those exceptions, we should note, is the process being used right now for the healthcare bill.) But regarding other pro-life legislation, the “supermajority” just does not exist right now. With next year’s midterm elections, our goal must be to reach that supermajority. In the meantime, strong pro-life measures like the No Taxpayer Funding for Abortion Act face that steep Senate hurdle where the 60-vote majority is needed, to beat the filibuster and bring the legislation to a vote. One would think that a simple majority – 51 – is enough to do what has to be done. But it’s not. These are Senate rules, and recognizing their constraints is not the same as a lack of courage or a betrayal on the part of pro-life officials we elected.

            Some are frustrated and think Senate Majority Leader Mitch McConnell should change the Senate rule to allow a simple majority. (This is what some Democrats said they should do if Hillary had been elected.) But the counter-argument on both sides is that if the majority party is again in the minority some day, they would need that filibuster to prevent harmful legislation. There are no easy answers. The lack of the 60 votes is what is holding almost everything back.

            But before we criticize Sen. McConnell, let’s not forget his steadfastness in refusing to hold hearings in the Senate when Obama tried to appoint a new justice for the Supreme Court during an election year. And let’s not forget that he did have the Senate change the 60-vote rule for the confirmation of Supreme Court justices, which is why we now have Justice Neil Gorsuch.

            Ultimately, the best resolution to this problem is the 2018 midterms, which we need to be working on right now, and which can result in a 60+ pro-life majority in the Senate. Then we can get pro-life legislation to our pro-life President’s desk. In the meantime, the best thing we can do is continue to work the political system in an informed and diligent way and support those we elected. Pessimism and cynicism, with the disunity and confusion they create, should have no place in our efforts. We are the People of Life; Christ has won the victory, and hope will not disappoint.

Confirmation Win

July 21, 2017 Washington Update commentary by Family Research Council president Tony Perkins

            … Yesterday, GOP leaders won a major victory when [the Senate] confirmed John K. Bush to the 6th Circuit Court of Appeals. His lifetime appointment was cheered by conservatives, who’ve now seen four of Pres. Trump’s originalists take a seat on American benches. Despite the Left’s name-calling (Sen. Sheldon Whitehouse, D-RI, called Bush a “freak” for his pro-life, pro-marriage views), McConnell plowed ahead, aggressively fighting to add another nominee to the appellate courts. A fellow Kentuckian, the Majority Leader praised the Louisville attorney as “a man of integrity and considerable ability.”

            But Bush, who was grilled by the Left for conservative posts he wrote under a pseudonym, had McConnell’s backing from Day One. “Mr. Bush, as we all do, has his own personal views about politics, which he enjoys discussing. … But this has not diminished the professional esteem in which his colleagues hold him … nor their firm belief that he will follow the law.” Fifty-one Republicans agreed, voting this week to add to the Administration’s list of strong nominees. …

Senate Voting Records

Confirmation of John Kenneth Bush as 6th Circuit Court of Appeals Judge – July 20, 2017 – Confirmed – 51-47 (needing 51) (Democrats in italics; “Independent” marked “I”)

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

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

Not voting: McCain/AZ, Stabenow/MI.

Motion to Proceed to HR-1628 Repealing ObamaCare & Defunding Planned Parenthood – July 25, 2017 – Adopted – 51-50 (needing 51) (Democrats in italics; “Independent” marked “I”)

Voting “yes”/pro-Life: Shelby & Strange/AL, Sullivan/AK, Flake & McCain/AZ, Boozman & Cotton/AR, Gardner/CO, Rubio/FL, Isakson & Perdue/GA, Crapo & Risch/ID, Young/IN, Ernst & Grassley/IA, Moran & Roberts/KS, McConnell & Paul/KY, Cassidy & Kennedy/LA, Cochran & Wicker/MS, Blunt/MO, Daines/MT, Fischer & Sasse/NE, Heller/NV, Burr & Tillis/NC, Hoeven/ND, Portman/OH, Inhofe & Lankford/OK, Toomey/PA, Graham & Scott/SC, Rounds & Thune/SD, Alexander & Corker/TN, Cornyn & Cruz/TX, Hatch & Lee/UT, Capito/WV, Johnson/WI, Barrasso & Enzi/WY. Vice President Mike Pence (R) voted “yes,” casting the 51st vote as a tie-breaker, as provided by the Constitution.

Voting “no”/anti-Life: Murkowski/AK, Feinstein & Harris/CA, Bennet/CO, Blumenthal & Murphy/CT, Carper & Coons/DE, Nelson/FL, Hirono & Schatz/HI, Duckworth & Durbin/IL, Donnelly/IN, Collins & King(I)/ME, Cardin & VanHollen/MD, Markey & Warren/MA, Peters & Stabenow/MI, Franken & Klobuchar/MN, McCaskill/MO, Tester/MT, Cortez-Masto/NV, Hassan & Shaheen/NH, Booker & Menendez/NJ, Heinrich & Udall/NM, Gillibrand & Schumer/NY, Heitkamp/ND, Brown/OH, Merkley & Wyden/OR, Casey/PA, Reed & Whitehouse/RI, Leahy & Sanders/VT, Kaine & Warner/VA, Cantwell & Murray/WA, Manchin/WV, Baldwin/WI.