Below is an analysis of ObamaCare and abortion that I have written for the summer newsletter of the crisis pregnancy center of which I am Chairman of the Board. Regular readers will detect a more restrained and “just the facts” presentation than I normally use in my blog posts. I thought that the change of pace style might be of interest to our faithful readers so I did not modify the analysis for this post. (Fear not, I will not inflict on the readers of this blog any of my professional scribblings in the law mines, which would be of utility only for readers suffering the pangs of insomnia!)
Now that the Supreme Court in a 5-4 vote, courtesy of Chief Justice Roberts switching his vote, has upheld the constitutionality of the Patient Protection and Affordable Care Act of 2010, universally better known as ObamaCare, pro-lifers should understand what ObamaCare means in regard to abortion.
1. Abortion surcharge-The Act provides that if an individual is enrolled in an insurance policy that covers elective abortions, each participant in that insurance plan must pay a separate surcharge for the elective abortion coverage. There is no opt out provision for individuals. So if a pro-lifer works for a business that provides such an insurance policy, the pro-life employee would have no choice but to pay the abortion surcharge. The Act forbids insurance companies from advertising that an abortion surcharge is required under the Plan.
2. Federal Subsidies to Insurance Plans That Provide Abortion– The Act provides for federal subsidies to health insurance plans, including plans that provide coverage for elective abortions, set up health insurance exchanges created by the states. The policies provided under the health insurance exchanges may include elective abortion coverage unless a state bans such coverage. Thus far the following states have banned such coverage: Arizona, Florida, Idaho, Indiana, Kansas, Louisiana, Mississippi, Missouri, Nebraska, Ohio, Oklahoma, South Dakota, Tennessee, Utah, and Virginia.
3. ObamaCare and Abortifacients The HHS mandate requiring “free” coverage for all contraceptive devices, see number 5 below, in virtually all health insurance plans, includes those devices and drugs thought to act as abortifacients.