Presidential Executive Order

HHS Statement on Abortion Funding

The Department of Health and Human Services has released the following statement regarding allegations that newly approved Pre-Existing Condition Insurance Plans would cover abortions:

As is the case with FEHB plans currently, and with the Affordable Care Act and the President’s related Executive Order more generally, in Pennsylvania and in all other states abortions will not be covered in the Pre-existing Condition Insurance Plan (PCIP) except in the cases of rape or incest, or where the life of the woman would be endangered.

Our policy is the same for both state and federally-run PCIP programs. We will reiterate this policy in guidance to those running the Pre-existing Condition Insurance Plan at both the state and federal levels. The contracts to operate the Pre-existing Condition Insurance Plan include a requirement to follow all federal laws and guidance.

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Surprise! ObamaCare is Going to Pay for Abortions

In a completely predictable move, ObamaCare will pay for abortions.  Lifesite News is on the story:

Washington, DC (LifeNews.com) — The Obama administration has officially approved the first instance of taxpayer funded abortions under the new national government-run health care program. This is the kind of abortion funding the pro-life movement warned about when Congress considered the bill.

The Obama Administration will give Pennsylvania $160 million to set up a new “high-risk” insurance program under a provision of the federal health care legislation enacted in March.

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U.S. Catholic Bishops' statement on the Health Care Bill: "Profoundly flawed"

USCCB Statement on the recently-passed health care legislation (March 23, 2010):

For nearly a century, the Catholic bishops of the United States have called for reform of our health care system so that all may have access to the care that recognizes and affirms their human dignity. Christian discipleship means, “working to ensure that all people have access to what makes them fully human and fosters their human dignity” (United States Catechism for Adults, page 454). Included among those elements is the provision of necessary and appropriate health care.

For too long, this question has gone unaddressed in our country. Often, while many had access to excellent medical treatment, millions of others including expectant mothers, struggling families or those with serious medical or physical problems were left unable to afford the care they needed. As Catholic bishops, we have expressed our support for efforts to address this national and societal shortcoming. We have spoken for the poorest and most defenseless among us. Many elements of the health care reform measure signed into law by the President address these concerns and so help to fulfill the duty that we have to each other for the common good. We are bishops, and therefore pastors and teachers. In that role, we applaud the effort to expand health care to all.

Nevertheless, for whatever good this law achieves or intends, we as Catholic bishops have opposed its passage because there is compelling evidence that it would expand the role of the federal government in funding and facilitating abortion and plans that cover abortion. The statute appropriates billions of dollars in new funding without explicitly prohibiting the use of these funds for abortion, and it provides federal subsidies for health plans covering elective abortions. Its failure to preserve the legal status quo that has regulated the government’s relation to abortion, as did the original bill adopted by the House of Representatives last November, could undermine what has been the law of our land for decades and threatens the consensus of the majority of Americans: that federal funds not be used for abortions or plans that cover abortions. Stranger still, the statute forces all those who choose federally subsidized plans that cover abortion to pay for other peoples’ abortions with their own funds. If this new law is intended to prevent people from being complicit in the abortions of others, it is at war with itself.

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Far Better Than Nothing

While pro-lifers, conservatives, and conservative pro-lifers all have different reasons for not being very pleased with Stupak and his fellow pro-life Democrats at the moment, because of their caving in to the Senate Bill abortion language and Obama’s vaporware executive order, I think it’s worth keeping in mind that if all Democrats were of the Obama/Pelosi persuasion in regards to abortion, we would undoubtedly have a “health care reform” bill which provided complete subsidies for abortion on demand for poor women, if not all women. The Senate language is not nearly as good as Stupak’s, and even with Stupak’s language included I think that the bill would have been deeply irresponsible for financial reasons. But let’s face it, the Democrats have a solid majority in the House and had until Brown’s election a filibuster-proof majority in the Senate. Without some Democrats breaking ranks with their party’s hard core pro-abortion platform, there would have been no way for the pro-life movement to keep the most extreme support for abortion possible out of the bill.

And while Stupak’s last minute flake-out is disappointing from a pro-life perspective (if he’d stuck to his guns, I would have happily donated to his re-election fund, simple because I admire steadfastness to pro-life principle, even in someone I disagree with on other issues) let’s also be honest about this: Those of us who retain a belief in fiscal responsibility and oppose statism would have been disappointed in the health care bill passing even with Stupak’s language. So while I admired his apparent steadfastness to pro-life principle, I like many other conservatives also appreciated that fact that his principle (had he stuck to it) would have resulted in the bill not passing. We can hardly be surprised that he didn’t share such a hope.

Stupak Deal with Obama, The End of the Pro Life Democrat?

    US Catholic Bishops: Executive Order Deal A Non-Starter:

    We’ve consulted with legal experts on the specific idea of resolving the abortion funding problems in the Senate bill through executive order. We know Members have been looking into this in good faith, in the hope of limiting the damage done by abortion provisions in the bill. We believe, however, that it would not be fair to withhold what our conclusion was, as it may help members in assessing the options before them:

    “One proposal to address the serious problem in the Senate health care bill on abortion funding, specifically the direct appropriating of new funds that bypass the Hyde amendment, is to have the President issue an executive order against using these funds for abortion. Unfortunately, this proposal does not begin to address the problem, which arises from decades of federal appellate rulings that apply the principles of Roe v. Wade to federal health legislation. According to these rulings, such health legislation creates a statutory requirement for abortion funding, unless Congress clearly forbids such funding. That is why the Hyde amendment was needed in 1976, to stop Medicaid from funding 300,000 abortions a year. The statutory mandate construed by the courts would override any executive order or regulation. This is the unanimous view of our legal advisors and of the experts we have consulted on abortion jurisprudence. Only a change in the law enacted by Congress, not an executive order, can begin to address this very serious problem in the legislation.”

    Richard Doerflinger
    U.S. Conference of Catholic Bishops

  • In deal with Stupak, White House announces executive order on abortion (Washington Post):

    Resolving an impasse with anti-abortion Democrats over the health-care reform legislation, President Obama announced Sunday that he will be issuing an executive order after the bill is passed “that will reaffirm its consistency with longstanding restrictions on the use of federal funds for abortion,” according to a statement from the White House.

    “I’m pleased to announce we have an agreement,” Rep. Bart Stupak (D-Mich.) said at a news conference announcing the deal.

  • “I think we’re witnessing Bart Stupak write the obit for the concept of the “pro-life Democrat” – Kathryn Jean Lopez (National Review).

Further analysis of the text of the order: Continue reading

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