ObamaCare and Abortion

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Below is an analysis of ObamaCare and abortion that I have written for the summer newsletter of the crisis pregnancy center of which I am Chairman of the Board.  Regular readers will detect a more restrained and “just the facts” presentation than I normally use in my blog posts.  I thought that the change of pace style might be of interest to our faithful readers so I did not modify the analysis for this post.  (Fear not, I will not inflict on the readers of this blog any of my professional scribblings in the law mines, which would be of utility only for readers suffering the pangs of insomnia!)


Now that the Supreme Court in a 5-4 vote, courtesy of Chief Justice Roberts switching his vote, has upheld the constitutionality of the Patient Protection and Affordable Care Act of 2010, universally better known as ObamaCare, pro-lifers should understand what ObamaCare means in regard to abortion.


1.  Abortion surcharge-The Act provides that if an individual is enrolled in an insurance policy that covers elective abortions, each participant in that insurance plan must pay a separate surcharge for the elective abortion coverage.  There is no opt out provision for individuals.  So if a pro-lifer works for a business that provides such an insurance policy, the pro-life employee would have no choice but to pay the abortion surcharge.  The Act forbids insurance companies from advertising that an abortion surcharge is required under the Plan.

2.  Federal Subsidies to Insurance Plans That Provide Abortion  The Act provides for federal subsidies to health insurance plans, including plans that provide coverage for elective abortions,  set up health insurance exchanges created by the states.  The policies provided under the health insurance exchanges may include elective abortion coverage unless a state bans such coverage.  Thus far the following states have banned such coverage:   Arizona, Florida, Idaho, Indiana, Kansas,  Louisiana, Mississippi, Missouri, Nebraska, Ohio, Oklahoma, South Dakota, Tennessee, Utah, and Virginia.

3.  ObamaCare and Abortifacients The HHS mandate  requiring “free” coverage for all contraceptive devices, see number 5 below, in virtually all health insurance plans, includes those devices and drugs thought to act as abortifacients.

4.  ObamaCare and the Hyde Amendment- The Hyde Amendment, which prevents the Federal government from using funds to pay for abortions, except in cases of rape, incest or life of the mother,  is an annual piece of legislation.  If President Obama were to win re-election, one could imagine him vetoing legislation having the Hyde Amendment as a rider.  If he could veto such legislation and if Congress, as would be likely, could not override his veto, there would be no Federal restrictions to using Federal funds available pusuant to ObamaCare to pay for abortions.  President Obama did sign an executive order applying the Hyde Amendment restrictions to ObamaCare.  This of course is meaningless, as an executive order is freely rescindable by a President at any time, and, in any case, an executive order does not have the force of law, and is merely an edict by the President to executive agencies.

5.  Rule making authority of the Federal agencies  One of the problem areas in predicting what ObamaCare will do is that a huge amount of rule making authority is vested in Federal agencies, most notably HHS.  This power is great.  For example, earlier this year HHS suddenly released a mandate requiring that all insurance policies provided by employers include “free” contraceptive coverage for employees.  There is a limited exemption for churches, but no exemption for church owned charities, non-profits and enterprises, and there is no exemption for ordinary employers who may have religious or moral scruples about such coverage.   There is no predicting how this rule making authority will be used in the future regarding elective abortions.

The bottom line for pro-lifers is that ObamaCare vests a huge amount of authority in the Executive Branch of the Federal government as to the provision of health care in this nation, and that currently the Executive Branch is led by a President who is totally pro-abortion.  No pro-lifer can look upon this with anything except alarm.

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  Remember to consider only Christ in the person of the poor.  Serve them always as you would serve Christ himself.  


  1. Hello, sir.

    Some points on which I might ask for some clarity, what with my yet-early-morning, pre-coffee fog in full swing:

    “The Act provides that if an individual is enrolled in an insurance policy that covers elective abortions, each participant in that insurance plan must pay a separate surcharge for the elective abortion coverage.”

    Since my wife is fully menopausal, there is a small handful of reasons that we will never be pregnant again. So, therefore, since we will never (and would not ever have anyway) seek an abortion, is this surcharge something I will ever have to pay? It is bad enough that my employer will offer that option, but is there need for me to fret?

    I don’t quite understand this sentence: “The Act provides for federal subsidies to health insurance plans, including plans that provide coverage for elective abortions, set up health insurance exchanges created by the states.”

    “The HHS mandate requiring “free” coverage for all contraceptive devices, see number 6 below . . .” There is no number 6 below.


  2. “something I will ever have to pay?”

    Yep, as the rules currently stand. There is no individual opt out for a policy that covers elective abortion.

    “There is no number 6 below.”

    Ah, the perils of early morning editing! Corrected, and thanks for pointing that out.

  3. And to imagine Obama was a perfect candidate to be aborted since his young mother had been cheated by the philandering Obama Senior that he was single, only to land in this my beloved country, Kenya to find there were THREE wives ahead of her…..now if you, Americans re-elect this Infant Butcher what will be the future of your Country’s Population Demography? Oh, God, hear our prayers. Do not permit this High Priest of Satan to be re-elected.

  4. Amen, Mary@42.

    Liberals, please stop reading now. You will not understand any of it.

    Read: http://dailycaller.com/2012/07/10/the-ballot-box-is-not-the-only-way-to-stop-obamacare/#ixzz20JjrvzBf

    States may “nullify” Obamacare.

    By a 7-2 vote, SCOTUS decided that the gangsters in DC can’t punish states that refuse to increase Medicaid costs.

    The scheme assumed most uninsured would get health from state Medicaid. Sweet! The states would pay most of the bills.

    But, a few states are (GASP!) balancing their budgets. States can’t print money like Obama/Bernanke/Geithner. It makes no sense for states to expand Medicaid costs.

    By choosing to not expand Medicaid costs, they place an obstacle to implementing Obamacare. The population originally planned for placement into Medicaid will have to get coverage from Obamacare exchanges. This is the second part of the nullification option.

    According to Obamacare, the federal government sets up health insurance exchanges in states that choose not to create state exchanges. It is through these exchanges that people will obtain their government-approved health insurance. The state would get nothing for creating an exchange, but must implement all federal directives in operating and implementing the exchange: states would have no autonomy. All it does is make the state act as proxy for the federal government in operating its exchange.

    The wording in the so-called Affordable Care Act states the federal government will create the exchanges. But, residents of those states will not receive federal subsidies to help them purchase expensive, government-designed, government-mandated health insurance. Without those subsidies, few people would want to purchase these expensive policies.

    It even gets better. If the federal government creates the exchanges, small businesses are exempt from the onerous employer mandates. This rescues small businesses from the huge financial burden Obamacare places upon them. It will enable them to expand and add jobs without fear of financial insolvency from health insurance mandates.

    The imbeciles passed the bill. Five morons found it mostly “constitutional.” Now, we know what’s in the bill.

  5. In other words, Obama can fund Planned Parenthood even if there are no abortions, or fund Planned Parenthood to whatever they want. Speaking of Medicare fraud, Obamacare just legalized it.

  6. We can not let this man be re elected. Everything he stands for is EVIL. I pray to GOD that this health care bill will be put to death and never raise it’s head again.

  7. The abortion surcharge just seems to be making explicit a participation that was always there. Is there any real offene to conscience — any real forced payment for abortion?

    Also, does any one know what the motivation was behind stipulating the abortion surcharge?

    Every person baptized is baptized into the Body of Christ as priest, prophet and king, servant of God, servant of the people of God and sovereign. Every person with a baptismal certificate can prove that as a member of the priesthood of the laity, his vocation is to proclaim the Gospel of Jesus Christ, making of him a preacher of the Gospel, as well as recognizing his sovereignty as a child of God. Obama cannot restrict vocations or tax the kingdom of God.
    I was stunned when I learned that priests had to pay taxes. Nuns and priests were given professional courtesy in my day. Doctors, dentists and the state revered the calling to holiness. As late as 1984, individuals were purchasing “preacher” and “minister” certificates for fifteen dollars online or by mail that would exempt them from all taxation. Some of these were actually decent, honest men who did preach, in the work place and or everywhere. If you are called by God to be priest, prophet and king, in the priesthood of the laity, you are called to your vocation and have the Baptismal certificate to prove it or can get a baptismal certificate to prove it. As a child of God, in the priesthood of the laity, Obama can send his HHS mandate to God our Father, in heaven for payment of tax or penalty or surcharge.
    The Muslims are a sovereign nation within a nation, as are the Native American Indians. The Amish have no structured hierarchy. The Mormons have some hierarchy but none that underpins all the souls in their care. Pastoral care of soulS is not part and parcel of their duties.
    The pastoral care of all souls in purgatory and on earth falls into the heart and realm of the Holy Father, Pope Benedict XVI. Pope Benedict XVI has the enlisted help of all souls in heaven, the Blessed Virgin Mary and God. Obama cannot send the tax, penalty or surcharge of the HHS mandate to Pope Benedict XVI because like the Muslim nation, the Vatican City is sovereign unto itself.
    If the baptized children become the Body of Christ, the Catholic Church, the baptized may claim the sovereignty and immunity of the Catholic Church for protection from an unjust law and or taxation. Obama can send the HHS mandate tax, penalty and surcharge to our Father in heaven, and HOPE and pray that he does not incur the wrath of God.

  9. God Bless you, Mary De Voe for your Comment. Obama must be resisted, consistently and without relenting. I continue to plead with you, Americans, do not re-elect this Satanic Man.

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