To state it clearly, I do not look to temper the final FOCA law with mollifying language. I hope to defeat the bill in its entirety and stop all of the administrative changes in law as proposed. It’s bad law based on bad science and the flawed social viewpoint of a far left micro-minority masquerading as “middle of the road.”
First reason. There are specific good laws and their subsequent clarifying court cases that restrict abortions based on Roe. FOCA would invalidate them. Sandra Day OConnor – who is somewhat left of what you’d call “moderate” – was the majority author of one of these cases: Planned Parenthood v Casey in 1992. Justice Ginsberg’s strident dissenting opinion in PP v Casey – considering the source – proves that this is good law. PP holds up Ginsberg’s dissent with near-religious fervor. Another is the Hyde-Weldon Amendment upheld by the 9th District in San Francisco. The pro-abortion side chose that case in that venue because of the liberal leanings of that court. Both of these and many others are current good law that FOCA would invalidate.
Second. There is a problem with ignoring PP. Their advocacy of a viewpoint approaches mono-mania. Their presence on the podium when HRC (Hillary Rodham Clinton) introduced the FOCA bill gives them the appearance of standing in the debate. There is a tendency of activist judges to read into the “intent” of an author. HRC is bad enough but what if SCOTUS quotes a PP action paper as HRC’s intent in the legislation!?
Third, FOCA has been implemented on a smaller scale and doesn’t work. Abortions increase where it’s the state law. See the information on Maryland’s experience. Federal FOCA would eliminate what restrictions there are on state FOCA laws and would cause more abortions.
Finally, government = healthcare if this administration gets its way, so FOCA would be government intervening in healthcare decisions. Doctors more than ever are paid by the state. Services are more and more provided by public entities. This civil statute with its unclear definitions is a threat of a law suit to every county health department, public hospital, doctor’s office, pharmacy, insurance company and employer. So those entities would choose to comply to avoid having to hire a lawyer. (Though organizations like the becketfund.org or the Life Legal Defense Foundation lldf.org would help them). If a private businessman chooses not to include in his health insurance for his employees the morning after pill or late term abortions then FOCA will allow a lawsuit.
FOCA is a clear path to expanding abortions. It must be resisted for all of these reasons.
this in response to comments at change.gov
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