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House Approves Health Reform After Adopting Amendment Barring Abortion Coverage
November 9, 2009
Author: National Partnership for Women & Families
The House on Saturday evening voted 220-215 to pass its health care reform bill (HR 3962) after the chamber approved an amendment that would prohibit public and private plans in new health insurance exchanges from covering abortion if they accept people who receive government subsidies, the Washington Post reports (MacGillis, Washington Post, 11/9). The amendment bans the public plan option from covering abortion except in cases of rape, incest or to save the life of the woman, the AP/Boston Herald reports. The amendment was introduced by Reps. Bart Stupak (D-Mich.) and Joe Pitts (R-Pa.) and passed with 64 Democratic votes and 176 Republican votes (Werner, AP/Boston Herald, 11/8).
Under the amendment, women with subsidized insurance policies seeking abortion coverage would be forced to buy separate abortion-only "riders" for their policies with their own money, CQ Today reports. In theory, people who do not receive federal subsidies would be able to purchase plans that cover abortion through the health exchanges, though abortion-rights supporters are skeptical that any such plans would be available (Wayne, CQ Today, 11/7). The Planned Parenthood Federation of America said the amendment is the equivalent of a ban on abortion coverage because women would be unlikely to buy riders for a procedure they do not anticipate needing, the Washington Times reports. Cecile Richards, president of PPFA, said, "Such abortion riders do not exist because women do not plan to have unintended pregnancies or medically complicated pregnancies that require ending the pregnancy" (Haberkorn, Washington Times, 11/9).
Rep. Diana DeGette (D-Colo.), co-chair of the Congressional Pro-Choice Caucus, said caucus members are "furious and going to do everything we can to defeat" the amendment (Dennis, Roll Call, 11/7). Abortion-rights advocates say they will work to remove Stupak's amendment from the bill when lawmakers work out differences between the House and Senate bills in conference committee, the Post reports. DeGette said she has collected more than 40 signatures from House Democrats who say they will oppose any final bill that includes Stupak's amendment, which would be enough votes to block its passage. DeGette said, "There's going to be a firestorm here," adding, "Women are going to realize that a Democratic-controlled House has passed legislation that would prohibit women paying for abortions with their own funds. ... We're not going to let this into law" (Washington Post, 11/9).
Rep. Rosa DeLauro (D-Conn.) said that abortion is "a matter of conscience on both sides of the debate," adding that Stupak's amendment "takes away that same freedom of conscience from America's women" (Herszenhorn/Calmes, New York Times, 11/8). Rep. Lois Capps (D-Calif.), who had previously introduced an amendment addressing the issue, said Stupak's amendment "restricts coverage of a legal medical procedure." She added, "Not one other medical procedure is singled out for rationing" in the House health reform bill (Phillips, "Prescriptions," New York Times, 11/7).
USCCB Sways Debate
Stupak, who has led Democratic efforts to oppose abortion coverage in the bill, won an up-or-down vote on his amendment after negotiations with House Speaker Nancy Pelosi (D-Calif.) failed to progress Friday night, The Hill reports. Stupak since July had been threatening to block passage of the bill if he was not allowed to introduce his amendment. He said he had 40 Democrats supporting his efforts, which when combined with the chamber's Republican caucus, would have been enough to stop progress on the bill, The Hill reports. House Energy and Commerce Committee Chair Henry Waxman (D-Calif.) said both parties of the negotiations "were at an impasse," adding, "The way you resolve an impasse in Congress is to put it to a vote" (Soraghan, The Hill, 11/7). House Rules Committee Chair Louise Slaughter (D-N.Y.), as well as committee members Reps. Doris Matsui (D-Calif.) and Chellie Pingree (D-Maine), were absent for the procedural vote that allowed debate on Stupak's amendment. A Slaughter spokesperson confirmed that their absences were in protest to the amendment (CQ Today, 11/7).
Stupak's amendment gained momentum after its endorsement by the U.S. Conference of Catholic Bishops, the Post reports (Washington Post, 11/9). USCCB threatened to oppose health care reform legislation if further restrictions on abortion coverage were not included, the Wall Street Journal reports (Adamy, Wall Street Journal, 11/9).
After an initial meeting with the Pro-Choice Caucus on Friday, Pelosi met with staff members from USCCB, as well as Stupak and Roman Catholic Reps. Mike Doyle (D-Pa.) and Brad Ellsworth (D-Ind.). According to the New York Times, the bishops' representatives said they would continue to fight against the bill if more restrictions on abortion coverage were not added. Over the past 10 days, USCCB has instructed priests across the U.S. to address the legislation in church and organize parishioners to contact Congress regarding the issue. Information pamphlets were sent to churches across the country urging priests and parishioners to tell members of the House to "support the Stupak amendment that addresses essential pro-life concerns." It also said, "If these serious concerns are not addressed, the final bill should be opposed" (New York Times, 11/8).
According to Politico, USCCB issued a letter of support for Stupak's amendment, which said, "Passing this amendment allows the House to meet our criteria of preserving the existing protections against abortion funding in the new legislation." The letter added, "More importantly, it will ensure that no government funds will be used for abortion or health plans which include abortion" (O'Connor, Politico, 11/7).
Advocates Condemn Amendment
Abortion-rights advocacy groups said Stupak's amendment goes much further than current law in restricting access to abortion, which currently is covered under most private health insurance plans (AP/Boston Herald, 11/8). PPFA said in a statement that the amendment "is an unacceptable addition" to the bill that would "result in women losing health benefits they have today." The group added that the amendment "violates the spirit of health care reform, which is meant to guarantee quality, affordable health care coverage for all." The amendment "would restrict women's access to abortion coverage in the private insurance market, undermining the ability of women to purchase private health plans that cover abortion, even if they pay for most of the premiums with their own money," the statement said.
The Center for Reproductive Rights issued a statement calling the amendment a "stunning assault on women's health and rights." The group added, "In a matter of hours, our elected officials have fallen hook, line and sinker for the anti-choice position, dispensing with a credible compromise on abortion and adopting a bill that would leave millions of women worse off than they already are today" (Zimmermann, "Blog Briefing Room," The Hill, 11/8).
According to the New York Times, abortion-rights advocates are "bracing for another struggle" over abortion coverage in the Senate's version of health reform legislation. Nancy Keenan, president of NARAL Pro-Choice America, said Stupak's amendment "is going to make it that much more challenging on the Senate side" (Kirkpatrick/Pear, New York Times, 11/9). The AP/Herald reports that the Senate versions of health reform (S 1796, S 1679) also include restrictions on federal funding for abortion coverage, "but the language is less stringent" (AP/Boston Herald, 11/8).
Opinion Pieces Support Earlier Proposals
On Friday, former Maryland Lt. Gov. Kathleen Kennedy Townsend (D) wrote in a Newsweek opinion piece that "the national interest is to pass meaningful health care reform and not litigate abortion in the process," adding that "[t]oo much is at stake to let differences over abortion derail" the process (Kennedy Townsend, Newsweek, 11/6).
According to a Saturday Washington Post editorial, conservative claims that the House health reform bill, prior to the addition of Stupak's amendment, "would result in insurance subsidies for illegal immigrants and federal financing of abortions" are "simply wrong." Health insurance exchanges "would have to include one plan that covers abortion, along with one that doesn't," and "the plans that cover abortion would have to take steps to make sure that federal funds are segregated from those used to pay for abortions," the Post notes (Washington Post, 11/7).
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