Legal Analysis of the Provisions of the Patient Protection and Affordable Care Act and Corresponding Executive Order Regarding Abortion Funding and Conscience Protection
The purpose of this legal memorandum is to identify the problems of the recently-passed Patient Protection and Affordable Care Act, Pub. L. No. 111-148 (“PPACA” or “the Act”), in relation to abortion funding and conscience protection, and then to assess whether (and if so, how) the corresponding Executive Order of March 24, 2010, corrects those problems. Although we wish it were otherwise, we must conclude that PPACA poses serious problems in these two areas, and that the Executive Order does not correct those problems. You can read the Conclusion below, or click here to read the entire Memorandum (PDF).
Conclusion
In sum, the Executive Order cannot and does not fix the statutory problems of direct funding of abortion at CHCs, and of funding insurance plans that cover abortions; it cannot and does not make up for the absence of conscience protections that are missing from the statute; and it does not strengthen the conscience protections that are there, though it could have in certain limited ways. Where the Order purports to fix a shortcoming of the Act in these areas, it is highly likely to be legally invalid; and where the Order is highly likely to be legally valid, it does nothing to fix those shortcomings.
Thus, the shortcomings of the Act remain, and correspondingly, the need for fixes remains. Only Congress, with the consent of the President, has the legal authority to make those fixes. Congress and the President should act promptly to do so; they should not await courts’ likely invalidation of the few provisions of the Executive Order that even purport to be fixes.
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Wednesday, March 31, 2010
Thursday, March 25, 2010
National Catholic Bioethics Center: A House Divided Against the Common Good
By Marie T. Hilliard, Ph.D., J.C.L., R.N, NCBC Director of Bioethics and Public Policy, March 23, 2010. For more information on the National Catholic Bioethics Center (NCBC), visit their web page here: http://www.ncbcenter.org/
When the common good takes a back seat to political and corporate interests, all, especially the vulnerable, are at risk. As the largest provider of non-governmental, non-profit health care in this country, the Catholic Church, and those who work as Catholic agencies and organizations, have a special obligation to vulnerable populations, such as the unborn, those with disabilities, and those at life’s end. These populations cannot be compromised in an effort to secure “the greater good.” This is utilitarianism, seeking the greatest good for the greatest number, and never equates to the common good.
It is undeniable that the enacted Patient Protection and Affordable Care Act includes public funding of programs that provide abortion on demand. No accounting practices, or requiring enrollees or employees to write separate checks for abortion coverage, changes that fact. The plan would mandate that in each regional Exchange only one of the qualifying plans not include abortion. Furthermore, there is no restriction on coverage of assisted suicide costs. President Obama’s executive order cannot override federal law.
When the common good takes a back seat to political and corporate interests, all, especially the vulnerable, are at risk. As the largest provider of non-governmental, non-profit health care in this country, the Catholic Church, and those who work as Catholic agencies and organizations, have a special obligation to vulnerable populations, such as the unborn, those with disabilities, and those at life’s end. These populations cannot be compromised in an effort to secure “the greater good.” This is utilitarianism, seeking the greatest good for the greatest number, and never equates to the common good.
It is undeniable that the enacted Patient Protection and Affordable Care Act includes public funding of programs that provide abortion on demand. No accounting practices, or requiring enrollees or employees to write separate checks for abortion coverage, changes that fact. The plan would mandate that in each regional Exchange only one of the qualifying plans not include abortion. Furthermore, there is no restriction on coverage of assisted suicide costs. President Obama’s executive order cannot override federal law.
Tuesday, March 23, 2010
Bishops Encourage Vigilance that Health Care Legislation Protects Conscience, does not Fund Abortion
The U.S. bishops called on Congress and people in the Catholic community to make sure promises are kept that new health care legislation will not expand abortions in the United States.
Cardinal Francis George of Chicago, president of the United States Conference of Catholic Bishops, made the call March 23, moments after president Barack Obama signed the Senate version of health care reform legislation approved by the House of Representatives by a slim margin, March 21. The statement was approved unanimously by the 32-member Administrative Committee of the USCCB.
“We applaud the effort to expand health care to all,” Cardinal George said.
He noted concerns about the legislation, including that “the statute forces all those who choose federally subsidized plans that cover abortion to pay for other people’s abortions with their own funds.”
Cardinal George pointed to President Obama’s executive order that said “it is necessary to establish an adequate enforcement mechanism to ensure that Federal funds are not used for abortion services.”
The need for such an order underscores deficiencies in the bill, Cardinal George said.
Cardinal Francis George of Chicago, president of the United States Conference of Catholic Bishops, made the call March 23, moments after president Barack Obama signed the Senate version of health care reform legislation approved by the House of Representatives by a slim margin, March 21. The statement was approved unanimously by the 32-member Administrative Committee of the USCCB.
“We applaud the effort to expand health care to all,” Cardinal George said.
He noted concerns about the legislation, including that “the statute forces all those who choose federally subsidized plans that cover abortion to pay for other people’s abortions with their own funds.”
Cardinal George pointed to President Obama’s executive order that said “it is necessary to establish an adequate enforcement mechanism to ensure that Federal funds are not used for abortion services.”
The need for such an order underscores deficiencies in the bill, Cardinal George said.
Monday, March 22, 2010
House passes health reform; effort to insert abortion language fails
By Nancy Frazier O'Brien,Catholic News Service
The House of Representatives passed historic health reform legislation late March 21 but rejected a last-ditch effort to send a package of legislative fixes back to committee in order to insert language on abortion supported by the U.S. bishops. The votes were 219-212 in favor of the Senate-passed health reform bill. The vote on the reconciliation package, which concluded shortly before midnight, was 220-211.
The House votes came only after Rep. Bart Stupak, D-Mich., obtained a promise from the White House that President Barack Obama would sign an executive order stipulating that the Hyde amendment would apply to the health reform legislation. The White House has not indicated when Obama will sign the health reform bill or issue the executive order. Unconfirmed news reports said Obama would sign the bill March 23.
Rep. Joseph R. Pitts, R-Pa., said the House language was needed in the Senate measure despite the promised executive order because "an executive order does not trump a statute."
"The courts will look to the legislative statute to interpret the law," he said.
In a March 21 memo to congressional staffers, Richard Doerflinger, associate director of the U.S. bishops' Secretariat for Pro-Life Activities, said that "the statutory mandate construed by the courts would override any executive order or regulation."
"This is the unanimous view of our legal advisers and of the experts we have consulted on abortion jurisprudence," he said. "Only a change in the law enacted by Congress, not an executive order, can begin to address this very serious problem in the legislation."
The House of Representatives passed historic health reform legislation late March 21 but rejected a last-ditch effort to send a package of legislative fixes back to committee in order to insert language on abortion supported by the U.S. bishops. The votes were 219-212 in favor of the Senate-passed health reform bill. The vote on the reconciliation package, which concluded shortly before midnight, was 220-211.
The House votes came only after Rep. Bart Stupak, D-Mich., obtained a promise from the White House that President Barack Obama would sign an executive order stipulating that the Hyde amendment would apply to the health reform legislation. The White House has not indicated when Obama will sign the health reform bill or issue the executive order. Unconfirmed news reports said Obama would sign the bill March 23.
Rep. Joseph R. Pitts, R-Pa., said the House language was needed in the Senate measure despite the promised executive order because "an executive order does not trump a statute."
"The courts will look to the legislative statute to interpret the law," he said.
In a March 21 memo to congressional staffers, Richard Doerflinger, associate director of the U.S. bishops' Secretariat for Pro-Life Activities, said that "the statutory mandate construed by the courts would override any executive order or regulation."
"This is the unanimous view of our legal advisers and of the experts we have consulted on abortion jurisprudence," he said. "Only a change in the law enacted by Congress, not an executive order, can begin to address this very serious problem in the legislation."
Friday, March 19, 2010
Action Alert: Health Care Reform Must Respect Unborn, Immigrant
Support Health Care Reform that Respects Unborn, Immigrants, and Conscience |
| March 19, 2010 |
| TAKE ACTION NOW! Contact your US Representative today and urge him or her to support true health care reform which maintains the status quo on federal funding of abortion, allows access for all, and includes full conscience protections. Please call or write as soon as possible; Congress is expected to vote this weekend. Leer este articulo en Espanol aqui. WHY IS THIS ACTION IMPORTANT NOW? As long-time advocates of health care reform, the U.S. Catholic bishops continue to make the moral case that genuine health care reform must protect the life, dignity, consciences and health of all, especially the poor and vulnerable. Health care reform should provide access to affordable and quality health care for all, and not advance a pro-abortion agenda in our country. Genuine health care reform is being blocked by those who insist on reversing widely supported policies against federal funding of abortion and plans which include abortion, not by those working simply to preserve these longstanding protections. Recently the Texas Bishops, along with the US Bishops and the USCCB Committee on Migration, have issued letters and statements on health care reform. See the links below for more information: You can visit www.USCCB.org/HealthCare for more information. Please act by March 21, 2009 ACT NOW: To find out who Congressperson is, click here and insert your address. We have a Legislator Contact form on our website here that you can download and print to have this information for later use.Below is a sample message for your Representative. Sample Message to your Representative: "I am pleased that the House health care bill maintains the longstanding policy against federal funding of abortion. On the other hand, the provisions on abortion funding in the current un-amended Senate health care bill are seriously deficient and unacceptable. I urge you to work to uphold essential provisions against abortion funding, to include full conscience protection and to ensure that health care is accessible and affordable for all, including our immigrant brothers and sisters. I urge you to oppose any bill unless and until these criteria are met. If you have any questions on the position of the Bishops of Texas with regard to this bill, feel free to contact the Texas Catholic Conference at 512-339-9882. Thank you for your time." Feel free to write to us at info@txcatholic.org to let us know about your calling experience and about any responses you receive. More Information: For more information visit www.USCCB.org/healthcare The Texas Catholic Conference tries to be judicious in issuing alerts and does so when contact from constituents will make a difference at a critical moment in a bill's movement through the legislature. You may direct questions to Maria Huemmer, public relations and outreach coordinator at maria@txcatholic.org. www.TXcatholic.org |
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Texas Bishops Reiterate Support of USCCB in Opposing Senate Health Care Bill
Today the Texas Bishops issued the following statement:
We, the Catholic Bishops of Texas wish to reiterate our unified support of the position of the United States Conference of Catholic Bishops in opposing the current Senate Health Care Reform Bill. In light of this, we find the remarks of Bishop Emeritus John McCarthy on this topic to be disappointing. Others may have personal views that differ from our position, but they cannot speak for the Catholic Church in Texas.
Click here to view the statement by Bishop Vasquez, Bishop of the Diocese of Austin.
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We, the Catholic Bishops of Texas wish to reiterate our unified support of the position of the United States Conference of Catholic Bishops in opposing the current Senate Health Care Reform Bill. In light of this, we find the remarks of Bishop Emeritus John McCarthy on this topic to be disappointing. Others may have personal views that differ from our position, but they cannot speak for the Catholic Church in Texas.
As a community of faith the Catholic Church supports true health care reform. True health care reform ensures that health care is accessible and affordable for all, while maintaining current federal law regarding abortion funding and conscience protection. Unfortunately, the Senate version before the House at this time would change current federal law and provide tax dollars for elective abortions. This is a drastic shift from current law, which under the Hyde Amendment, bars federal funding for abortions or plans that include abortion. In addition, the Senate version does not include a conscience protection for physicians and hospitals who are morally opposed to performing abortions. The Senate version would also prohibit those among us who are undocumented from purchasing health insurance with their own money.
Click here to view the statement by Bishop Vasquez, Bishop of the Diocese of Austin.
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Thursday, March 18, 2010
Texas Bishops: Do not support current Senate Health Care Reform bill
March 17, 2010
Dear Representative:
Tuesday, March 16, 2010
President of U.S. Bishops: Cost is too High, Loss is too Great, for Health Care Bill not to be Revised
Cardinal Francis George of Chicago, President of the United States Conference of Catholic Bishops, issued the following statement on the state of health care reform:
The Cost is too High; the Loss is too Great
Statement by Cardinal Francis George, OMI
The Catholic Bishops of the United States have long and consistently advocated for the reform of the American health care system. Their experience in health care and in Catholic parishes has acquainted them with the anguish of mothers who are unable to afford prenatal care, of families unable to ensure quality care for their children, and of those who cannot obtain insurance because of preexisting conditions.
Throughout the discussion on health care over the last year, the bishops have advocated a bipartisan approach to solving our national health care needs. They have urged that all who are sick, injured or in need receive necessary and appropriate medical assistance, and that no one be deliberately killed through an expansion of federal funding of abortion itself or of insurance plans that cover abortion. These are the provisions of the long standing Hyde amendment, passed annually in every federal bill appropriating funds for health care; and surveys show that this legislation reflects the will of the majority of our fellow citizens. The American people and the Catholic bishops have been promised that, in any final bill, no federal funds would be used for abortion and that the legal status quo would be respected.
Friday, March 12, 2010
Support Health Care Reform that Respects Unborn, Immigrants, and Conscience
TAKE ACTION NOW!
Contact your US Senator and Representative today and urge them to support true health care reform which maintains the status quo on federal funding of abortion, allows access for all, and includes full conscience protections. Leer este articulo en Espanol aqui.
WHY IS THIS ACTION IMPORTANT NOW?
As long-time advocates of health care reform, the U.S. Catholic bishops continue to make the moral case that genuine health care reform must protect the life, dignity, consciences and health of all, especially the poor and vulnerable. Health care reform should provide access to affordable and quality health care for all, and not advance a pro-abortion agenda in our country. Genuine health care reform is being blocked by those who insist on reversing widely supported policies against federal funding of abortion and plans which include abortion, not by those working simply to preserve these longstanding protections.
-On November 7, the U.S. House of Representatives passed major health care reform that reaffirms the essential, longstanding and widely supported policy against using federal funds for elective abortions and includes positive measures on affordability and immigrants.
-On December 24, the U.S. Senate rejected this policy and passed health care reform that requires federal funds to help subsidize and promote health plans that cover elective abortions. All purchasers of such plans will be required to pay for other peopleâ?Ts abortions through a separate payment solely to pay for abortion. And the affordability credits for very low income families purchasing private plans in a Health Insurance Exchange are inadequate and would leave families financially vulnerable.
-Outside the abortion context, neither bill has adequate conscience protection for health care providers, plans or employers.
-Congressional leaders are now trying to figure out how the rules of the House and Senate could allow the final passage of a modified bill that would satisfy disagreements between House and Senate versions.
Please act by the end of March 14, 2009
ACT NOW:
To find out who your US Senator and Representative are, click here and insert your address. We have a Legislator Contact form on our website here that you can download and print to have this information for later use.Below are two Sample Messages for both your Senator and Representative.
To find out who your US Senator and Representative are, click here and insert your address. We have a Legislator Contact form on our website here that you can download and print to have this information for later use.Below are two Sample Messages for both your Senator and Representative.
Sample Message to your Senator:
"I am deeply disappointed that the current un-amended Senate health care bill fails to maintain the longstanding policy against federal funding of abortion and does not include adequate protection for conscience. I urge you to support essential provisions against abortion funding, similar to those in the House bill. Include full conscience protection and ensure that health care is accessible and affordable for all. I urge you to oppose any bill unless and until these criteria are met. If you have any questions on the position of the Bishops of Texas with regard to this bill, feel free to contact the Texas Catholic Conference at 512-339-9882. Thank you for your time."
Sample Message to your Representative:
"I am pleased that the House health care bill maintains the longstanding policy against federal funding of abortion. On the other hand, the provisions on abortion funding in the current un-amended Senate health care bill are seriously deficient and unacceptable. I urge you to work to uphold essential provisions against abortion funding, to include full conscience protection and to ensure that health care is accessible and affordable for all. I urge you to oppose any bill unless and until these criteria are met. If you have any questions on the position of the Bishops of Texas with regard to this bill, feel free to contact the Texas Catholic Conference at 512-339-9882. Thank you for your time.â?ť
Feel free to write to us at info@txcatholic.org to let us know about your calling experience and about any responses you receive.
More Information:
For more information visit www.USCCB.org/healthcare
The Texas Catholic Conference tries to be judicious in issuing alerts and does so when contact from constituents will make a difference at a critical moment in a bill's movement through the legislature. You may direct questions to Maria Huemmer, public relations and outreach coordinator at maria@txcatholic.org.
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Thursday, March 11, 2010
Two Auxiliary Bishops Named for Diocese of Dallas
Pope Benedict XVI has named two priests of the Diocese of Dallas to serve as auxiliary, or assistant, bishops in the diocese. The appointments of Father J. Douglas Deshotel and Monsignor Mark J. Seitz were announced today in Washington, D.C. by the papal nuncio to the United States, Archbishop Pietro Sambi.
The Diocese of Dallas has had only two previous auxiliary bishops that served when the boundaries of the diocese ran from Texarkana to El Paso. The last time an auxiliary served the Dallas diocese was 1969 before Rome split off the western region to create the Diocese of Fort Worth.
The Diocese of Dallas has had only two previous auxiliary bishops that served when the boundaries of the diocese ran from Texarkana to El Paso. The last time an auxiliary served the Dallas diocese was 1969 before Rome split off the western region to create the Diocese of Fort Worth.
Monday, March 8, 2010
Welcome Bishop Vasquez!
Today Bishop Joe S. Vásquez will become the Diocese of Austin's 5th Bishop. The Installation Mass of Bishop Joe S. Vásquez will be televised live today at 3 p.m. on KVUE’s digital channels. 24.3 in English (also on Time Warner Cable channel 1512) and 24.2 in Spanish (also on Time Warner Cable channel 605). The Mass will also be streamed live on the Internet on www.kvue.com and on www.austindiocese.org.
Bishop Vásquez succeeds Bishop Gregory Aymond who was appointed Archbishop of New Orleans by Pope Benedict XVI last year. Since that time, Msgr. W. Michael Mulvey has been leading the diocese as Administrator. On Jan. 18, Pope Benedict XVI named Msgr. Mulvey as Bishop of Corpus Christi.
The Diocese of Austin includes 127 parishes and missions in 25 Central Texas counties spread over 19,000 square miles. There are approximately 500,000 Catholics within the diocese.
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Bishop Vásquez succeeds Bishop Gregory Aymond who was appointed Archbishop of New Orleans by Pope Benedict XVI last year. Since that time, Msgr. W. Michael Mulvey has been leading the diocese as Administrator. On Jan. 18, Pope Benedict XVI named Msgr. Mulvey as Bishop of Corpus Christi.
The Diocese of Austin includes 127 parishes and missions in 25 Central Texas counties spread over 19,000 square miles. There are approximately 500,000 Catholics within the diocese.
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Wednesday, March 3, 2010
Charity and Truth in Ministry: Our Call to Service
In his third encyclical, Caritas in Veritate, Pope Benedict XVI reiterates the importance of charity when participating in ministry. "When animated by charity," he writes, "commitment to the common good has greater worth than a merely secular and political stand would have…it has a place within the testimony of divine charity that paves the way for eternity…"
In the spirit of this encyclical, the Texas Catholic Conference Charity and Justice Department is hosting Charity and Truth in Ministry: Our Call to Service. This conference is an opportunity for those in church ministry to gather and reflect on our common call to service. It will be held at the Hilton Austin Airport Hotel in Austin, Texas, on April 30 - May 1, 2010.
In the spirit of this encyclical, the Texas Catholic Conference Charity and Justice Department is hosting Charity and Truth in Ministry: Our Call to Service. This conference is an opportunity for those in church ministry to gather and reflect on our common call to service. It will be held at the Hilton Austin Airport Hotel in Austin, Texas, on April 30 - May 1, 2010.
Monday, March 1, 2010
Oppose H.R. 4247 - Preventing Harmful Restraint and Seclusion in Schools Act
TAKE ACTION NOW!
"Our nation was conceived as a place wherein all people could exercise their basic human rights in an atmosphere of freedom," stated the Texas Bishops in their statement Education Opportunity for All. "Among these rights is equal access to educational opportunities and resources so that each person can fully develop his or her potential."
The TCC supports the protection and safety for all students. However, H.R. 4247, the Preventing Harmful Restraint and Seclusion in Schools Act, imposes burdensome data collection, internal monitoring and reporting, and unprecedented federal certification requirements on private school personnel, rather than focusing directly on dangerous types of situations.
"Our nation was conceived as a place wherein all people could exercise their basic human rights in an atmosphere of freedom," stated the Texas Bishops in their statement Education Opportunity for All. "Among these rights is equal access to educational opportunities and resources so that each person can fully develop his or her potential."
The TCC supports the protection and safety for all students. However, H.R. 4247, the Preventing Harmful Restraint and Seclusion in Schools Act, imposes burdensome data collection, internal monitoring and reporting, and unprecedented federal certification requirements on private school personnel, rather than focusing directly on dangerous types of situations.
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