July 11, 2016
Obama Administration brazenly tramples on the rule of law
Two years ago, the California Department of Managed Care, issued a decree, mandating that nearly all health plans in the state must cover all abortions. Well, we said, they can’t do that, because since 2004 we have had a federal law, the Weldon Amendment, that says no state government that receives any federal Health and Human Services money – and of course may discriminate against any health care provider for refusing to participate in providing abortions. The law explicitly includes insurance coverage, and explicitly covers health plans.
Various churches and religiously affiliated schools filed complaints with the Obama Administration’s Department of Health and Human Services (HHS), asking that the Administration enforce the federal law, and thereby compel California to withdraw the state mandate that was forcing these churches and schools to pay for the killing of unborn children.
For two years, the Administration did nothing – despite many urgings and proddings from members of Congress. Then, finally, on June 21, HHS took action. But it did not act to compel California to withdraw its abortion mandate. Instead the Administration sent letters to the people in California who had complained, announcing that no violation of federal law had occurred. The letters were written by a government lawyer whose previous job was vice-president of a center for pro-abortion legal activism. She announced that HHS had decided the Weldon Amendment only applied to those who file objections to abortion on “religious or moral grounds,” and said the department had decided that the insurance companies in California did not have such religion-based objections. The churches and religiously affiliated employers who filed the complaints did have religious objections, but they were not health care providers and therefore they were not covered by the law.
Now, there is no language whatsoever in the Weldon law that imposes a religious test, and the Weldon Amendment explicitly includes “health plan(s)” within its scope – so on its face, the California decree was as blatant a violation of the federal law as could be imagined. To avoid this conclusion, the Administration had to engage in blatant fabrication, in order to achieve its ideologically dictated end. And for good measure, they suggested that the Weldon law – which does no more than protect against government-compelled participation in the killing of unborn children – might be unconstitutional, a suggestion not supported by any federal court decision.
This legislation is urgently needed. An agency of the state of New York has already adopted an abortion mandate, similar to the California mandate, requiring small group employers to cover all kinds of abortion. And, on the very the same day that the Obama Administration gutted the Weldon Amendment, a court in Washington state ruled that public hospitals must provide abortions if they offer maternity care.
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