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Lanny Davis

Lanny Davis

Posted: November 12, 2009 03:37 PM

Stupak-Pitts Is Not Worth Killing Health Care Bill

What's Your Reaction?

Cross-posted with The Hill.

I am a pro-choice liberal Democrat. I believe the Hyde Amendment, passed in 1977, which forbids the expenditure of federal tax dollars to fund abortions, directly or indirectly, is unfair and wrong. It discriminates against poor women. But it is passed every year, since it needs to be re-authorized each year as part of the appropriations process. I haven't noticed the vocal opponents of Stupak-Hyde leading opposition each year to re-authorization of the Hyde Amendment.

In fact, there are many, many people who believe abortion is immoral, that life begins at conception. These sincere people understandably do not want their tax dollars, directly or indirectly, paying for a procedure they consider to be the taking of an innocent life. Many who share this belief are liberal Democrats on major economic and social issues, including many of the 64 Democrats (more than 25% of all House Democrats) who voted last Saturday for the Stupak-Pitts Amendment, sponsored by Rep. Bart Stupak (D-Mich.) and Rep. Joseph R. Pitts (R-Pa). The Amendment passed, with Republican support, by a 240-194 vote.

Stupak-Pitts is essentially based on the Hyde Amendment principle. It prohibits (1) any federal funds to be used under the House Health Care bill to pay for abortions; and (2) any individuals who receive federal subsidies for health care under the bill -- those families of four with income of $88,000/year or less -- from buying an insurance plan on the state public exchanges that covers abortion.

Under the new health insurance system if it is enacted, all those who do not receive health insurance from employers must purchase insurance on state insurance exchanges. But since state insurance exchanges will receive federal funds to cover administrative costs, some abortion-rights advocates argue that under Stupak-Pitts, women who do not receive federal subsidies still may not purchase an insurance policy listed on the exchange, even entirely using their own private funds, if the policy includes abortion coverage as part of the regular policy coverage.

Supporters of the amendment, such as the National Right to Life Committee, dispute that claim, however, and it appears they may be right. According to PolitiFact.com, an independent analyst, insurers may offer comprehensive plans that include abortion coverage or supplemental plans for abortion specifically. But insurers must keep these plans separate from those purchased by people who accept federal credits. Insurance companies would not be allowed to pay for abortions with money they earn from selling tax-subsidized policies.

So the key question is: Should those who oppose Stupak-Pitts vote down the entire health care bill for this reason alone? Rep. Diana DeGette (D-Colo.) claims to have 40 or more Democrats committed to voting against any final health care bill reported by the Senate-House conference committee if it contains Stupak-Pitts. If she is correct, then that is the end of any hope of passing a national health insurance bill. I hope Rep. DeGette and others change their minds.

As President Obama told ABC News, "You know, I laid out a very simple principle, which is this is a health care bill, not an abortion bill. And we're not working to change what is the principle that has been in place for a very long time, which is federal dollars are not used to subsidize abortions."

President Obama is right. When and if the final conference bill reaches the House floor, I am hoping Rep. DeGette and others will look at the big picture and ask themselves: Would I vote against this bill if I or a member of my family had no health insurance and my family faced bankruptcy in case of serious illness or were forced to depend on public hospital emergency rooms for basic health care?

If the answer is, no - then that should be their final, if unhappy, reason to support the bill and, at long last, enact national health insurance and mandatory coverage for virtually all Americans.

#####

"This piece appeared today, November 12, 2009, in Mr. Davis's regular weekly column in The Hill newspaper, "Politics and Counsel."

Davis, a Washington lawyer and former special counsel to President Clinton from 1996-98, served as a member of President George W. Bush's Privacy and Civil Liberties Oversight Board in 2005-06. He is the author of Scandal: How 'Gotcha' Politics is Destroying America.

 
 
 
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This user has chosen to opt out of the Badges program
06:43 AM on 11/14/2009
If ever there was a trap set, a herd of liberals is standing at the ready to fall face-first into it. In turning the health care debate into a fight over abortion, which is exactly what the anti-reformers want, you're going to tank it. Way to go.

Abortion is a seperate issue. The language in the Stupak amendment does not prevent women from exercising their right, it just re-emphasizes a law already on the books that prevents federal funding of abortion. Thus, a publically-funded health care plan would not pay for an abortion. Who, I ask, is incapable of locating a Planned Parenthood clinic in their area?

When liberals get to be just as gullible as the teabag crowd, be afraid.

And as a reminder, the whole "Obama doesn't support the public option" 'leakage' nearly worked out for the opposition. Yet another trap liberals were yearning to fall into..

It's like herding cats, though not nearly as amusing.
08:15 AM on 11/15/2009
Absolutely, wrong.
01:29 PM on 11/13/2009
This bill needs to die a slow and painful death in front of witnesses.

Maybe, just maybe, from its ashes a new bill may arise, one of fairness for the people, fairness for women and children, and pain for the insurance companies and big pharma...

A girl can dream....
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12:06 PM on 11/13/2009
My view is this. Regressive Democrat Rep. Stupak just needed a way to support the healthcare industry without outright voting no on the healthcare bill. When this bill gets to the Presidents desk the Rep. Stupak amendment will not be in it.
08:21 AM on 11/15/2009
And what happens to all the conservadems? Do they miraculously disappear down some rabbit hole. I guess one can hope.

You know the term "abortion" should not even be in the health care reform bill. It is adequately covered by the Hyde Amendment, renewed annually by a spineless Congress majority, and consequently, the matter is solved. Leave the volatile abortion issue out, althogether, and be done with it. Don't let the religious fanatics high jack this bill.
HUFFPOST COMMUNITY MODERATOR
WorkingClass
12:24 AM on 11/13/2009
I would agree if this was a health care bill. But its an insurance company enrichment bill.
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HUFFPOST SUPER USER
ESerafina42
Abandoned by wolves, raised by Republicans.
07:36 PM on 11/12/2009
The vast majority of people who think it isn't a big deal will never need to worry about getting an abortion, or if they do, will have the money to do it.
09:49 PM on 11/12/2009
If they can't afford it, they don't have those rights now, since Medicaid and all federal programs are restricted by the Hyde Amendment. This makes no change to the current law.
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06:50 AM on 11/14/2009
I'm calling BS on that argument. I was once among the ranks of the working poor as a young woman... once upon a time, I ate tuna on crackers for two weeks straight just to make the rent. Yet, I managed to find my way to the nearest Planned Parenthood clinic and without financial assistance from anyone. So give me a break with all the melodrama.

If you gave a crap about the poor in general, and poor women in particular, you'd get the fact that they could use affordable health care more then your grandstanding on federal funding of abortion right now.
08:25 AM on 11/15/2009
It makes significant changes to the current law. All of them eliminate a woman's right to purchase health insurance and pay for abortion coverage with her own money.
07:05 PM on 11/12/2009
I understand disappointment but I don't understand the outrage. Does this amendment somehow eliminate existing access? The way I understand it, there are three cases:
1) You already have coverage that provides abortion - in which case there is no difference.
2) You don't have any coverage to begin with so you already didn't have abortion coverage - in which case you lose nothing but gain coverage for everything else.
3) You pay cash when needed (which is no different than now) or you buy a rider.
So why the outrage at not getting something that you already didn't have to start with? Disappointment, understandable. Is it a case of outrage at getting cake, that you wouldn't otherwise have, because it doesn't also have frosting? Maybe they would prefer to not have the cake either?
10:15 AM on 11/13/2009
I am one of the outraged. But I think you ask a valid question. The reason for my outrage is that the right continues to use issues like this to divide the democrats....and we LET THEM. It is so spineless and offensive on so many levels. Like Gay Marraige in earlier elections, this bill throws women's rights under the bus and is then described as a small compromise.

It is made so much worse by the fact that well woman visits (the ones that prevent pelvic cancer and breast cancer) are also not covered under this bill. That is just shocking. Here is a quote from the Nation "None of the bills emerging from the House and Senate require insurers to cover all the elements of a standard gynecological "well visit," leaving essential care such as pelvic exams, domestic violence screening, counseling about sexually transmitted diseases, and, perhaps most startlingly, the provision of birth control off the list of basic benefits all insurers must cover."

It does make me feel outraged to have my rights so easily offered up for compromise. I hope this helps you to at least understand a bit more, even if we disagree.

And in terms of wanting the cake. Yes, I damn well want the cake. I am an American :) If I need a medically necessary abortion especially I want my insurance to cover it. Period.
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07:00 AM on 11/14/2009
The right has you and all the other outraged tools right where they want you... turning on health care reform. And as they predicted with this abortion charade, which has nothing to do with abortiion and everything to do with tanking progress on health care reform, you're all acting like the tools they expected you to be. Hurray, sheep!

Get all up in arms over a non-argument. No change to a woman's right to chose has developed anew with the Stupak amendment. Yet, you're all ready to kill health care reform.

No, it's not single-payer. On the other hand, you people appear to have the long-term vision of tse tse flies.
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07:03 AM on 11/14/2009
Correction: "choose'

The right has you and all the other outraged tools right where they want you... turning on health care reform. And as they predicted with this abortion charade, which has nothing to do with abortiion and everything to do with tanking progress on health care reform, you're all acting like the tools they expected you to be. Hurray, sheep!

Get all up in arms over a non-argument. No change to a woman's right to choose has developed anew with the Stupak amendment. Yet, you're all ready to kill health care reform.

No, it's not single-payer. On the other hand, you people appear to have the long-term vision of tse tse flies.
06:45 PM on 11/12/2009
Not something you will hear from me everyday, but I totally agree with you.
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HUFFPOST COMMUNITY MODERATOR
SShaw490
05:27 PM on 11/12/2009
The truth is, abortion is an issue that politicians have used for years to get elected. None of them, on either side, ever had any intention of changing anything regarding abortion - it was a vote-getter and that's all it was. But now they've set a trap for themselves - their cemented-in positions on abortion are derailing health care reform, which is an issue that DOES matter. They can't fix a REAL problem because of all their past rhetoric about an issue that was simply used for manipulation of the masses. Americans die because they don't have access to health care; health care costs are bankrputing our country and hamstringing business; more and more people find themselves in positions where they can't take their children to the doctor when they get sick; our country spends twice as much on health care as the average advanced country - and because of their past use of this one issue to manipulate people, they've painted themselves into a corner. I guess that would be poetic justice except for all the Americans who are bankrupted by a broken health care system that they can't fix.
05:22 PM on 11/12/2009
Precisely what I've been saying.

And I am a pro choice woman of child bearing age.

We need to stop all the knee jerk outrage and think a bit.
05:20 PM on 11/12/2009
Its unfortunate that you consider yourself a liberal progressive Democrat and then proceed to concede so many of our core issues to conservatives. Look at the numbers these blue dogs represent tiny states with tiny populations yet they continually dictate terms to the large states and against the will of the majority of Americans. Its your terrible compromises that lose elections. While you "try to get a deal done" you compromise fundamental values and core principles. You refuse to stand up even with clear majorities. Then you tell us how you are in our corner. Well we pay attention. We know you are being wined and dined by countless industry lobbyist. We know that being too confrontational damages future business relationship and all those lucrative deals that occur in the shadows. So pardon us when we question your motives and your intentions because we see our agenda being thwarted by the very politicians we helped to elect. Fact is whether you admit it to yourself or not you are compromised. If you are not supporting a single payer system for health care, full equality for gays, working for public financing and breaking up big corporations then you are not our advocate. We know that your compromises are bargains that have helped bring this country to its knees and we don't want any part of it.
09:57 PM on 11/12/2009
I fail to see how putting in a provision that does nothing to change existing law, but "saves face" of key votes is compromising principle. Wouldn't the law have to actually do something for that?

People have to realize that we are 3-4 votes short of cloture in the Senate, if we don't get that, we lose this bill. If we lose this fight, we could easily lose control of the congress. If we lose the congress, good luck getting anything passed, and you won't see a Healthcare bill for 25 years.

All that for symbolism? I don't see it.

This is real life, not Ayn Rand.
10:10 AM on 11/13/2009
Well said! We need to say it over and over again. History shows us that Democratic compromise is not our friend.
Given the Hyde Ammendment, which already codifies the denial of abortion services, this anti-abortion language is unnecessary. If they're telling us that the Stupak ammdmt. won't change anything, you'd better look for the real reason this language was inserted. Personally, I think it is a sneaky attack to prevent passage of any healthcare reform by the bought and paid for Blue Dogs. I mean, look at it from this angle- no Republicans are going to vote for this bill, regardless of what's in it. So the fight is not between R's and D's, it's between pro choice Dems and anti choice Dems, and that's enough to kill this entire bill. And Typically, Davis is blaming the wrong people for the problem. The problem was created by the anti choicers who put this in the bill, NOT those who object!
08:40 AM on 11/15/2009
It does change the current federal subsidies in Medicaid or in the new exchange policies that will become available to all those not covered by their employer. It eliminates any policy that has a federal subsidy component from having an abortion provision that is paid for by the policyholder with her own funds.

What is so outrageous and hypocritical, is that federal employees, including congressmen and women, can purchase health insurance with abortion provisions, if they chose, 75% funded with public money.

It's OK for them but it is not OK for the rest of the country. Makes you want to strangle these hypocrites.
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WorkingClass
05:16 PM on 11/12/2009
Any reason is a good reason to kill this give away to the insurance companies.
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Polly
04:55 PM on 11/12/2009
Easy for you to say as a male!!
been2there
Facts have a liberal bias.
04:50 PM on 11/12/2009
I do sympathize with those who belive life begins at conception, in some ways. But the concomitant belive that autonomy ends with pregnancy is false. Please, work on making it easier for people to interact non-sexually (that means investing resources, including energy and time, into our communities), and stay the blazes out of other peoples medical choices. I work with low income college students, and believe you me, even when they see no alternative but abortion, it is not a easy choice.
I will also point out the immorality of pushing for birth, then dropping the baby. I know a woman whose fellow staff members at a Catholic schools coerced one teacher in having a baby she did not want. This woman then proceeded to detail some of the awful things she said and did about the baby she did not want. Did any staff member help her? Of course not! But they saved the baby, right?
04:32 PM on 11/12/2009
Yes, this is a well reasoned practical arguement for not bogging down health care reform with the issue of abortion. If militant pro-choice Dems derail health care because of this one issue they'll have only themselves to blame for Boehner becoming Speaker in the next Congress.
04:26 PM on 11/12/2009
This is a false choice and anyone who is intellectually honest would know that. Pro Choice women are one of the most reliable caucuses in the Democratic party. I know if the D's -- who we worked so hard to give a majority -- screw us over on this one they WILL loose the House in 2010.
No point in having a Democratic majority if we lose our right to privacy anyway!
10:04 PM on 11/12/2009
This amendment has nothing to do with losing our right to privacy. People can pay for abortions, just as they do now since:

1) no federal money is available for people that cannot afford them
2) very few (if any) policies cover abortion

This amendment does nothing but add verbiage to the bill. Lose this bill and sacrifice the next congress so that we can "make a statement" ?

Now watch as we divide and conquer ourselves. Now THATS getting even.
10:14 AM on 11/13/2009
Incorrect. 80 to 85% of policies DO cover full family planning services.