News

D.C. Court of Appeals strikes down HHS abortion / birth control mandate

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The Hill reports.

Excerpt:

A federal appeals court on Friday struck down the birth control mandate in ObamaCare, concluding the requirement trammels religious freedom.

The D.C. Circuit Court of Appeals — the second most influential bench in the land behind the Supreme Court — ruled 2-1 in favor of business owners who are fighting the requirement that they provide their employees with health insurance that covers birth control.

Requiring companies to cover their employees’ contraception, the court ruled, is unduly burdensome for business owners who oppose birth control on religious grounds, even if they are not purchasing the contraception directly.

“The burden on religious exercise does not occur at the point of contraceptive purchase; instead, it occurs when a company’s owners fill the basket of goods and services that constitute a healthcare plan,” Judge Janice Rogers Brown wrote on behalf of the court.

Legal analysts expect the Supreme Court to ultimately pick up an appeal on the birth-control requirement and make a final decision on its constitutionality.

Hey, there’s Janice Rogers Brown – she was my second favorite pick for Supreme Court justices back when Bush chose that squish John Roberts. At least Alito was a good pick. My favorite two choices would be Edith H. Jones and Janice Rogers Brown.

More from the article:

In the meantime, Republicans in Congress have pushed for a conscience clause that would allow employers to opt out of providing contraception coverage for moral or religious reasons.

The measure emerged most recently during negotiations to fund the federal government. Some House Republicans wanted to include the conscience clause in a legislative package ending the government shutdown.

The split ruling against the government on Friday was the latest in a string of court cases challenging the healthcare law’s mandate.

Friday’s ruling centered on two Catholic brothers, Francis and Philip Gilardi, who own a 400-person produce company based in Ohio.

The brothers oppose contraception as part of their religion and challenged the Affordable Care Act provision requiring them to provide insurance that covers their employees’ birth control.

Refusing to abide by the letter of the law, they said, would result in a $14 million fine.

“They can either abide by the sacred tenets of their faith, pay a penalty of over $14 million, and cripple the companies they have spent a lifetime building, or they become complicit in a grave moral wrong,” Brown wrote.

The Obama administration said that the requirement is necessary to protect women’s right to decide whether and when to have children.

The judges were unconvinced, however, that forcing companies to cover contraception protected that right.

Brown wrote that “it is clear the government has failed to demonstrate how such a right — whether described as noninterference, privacy, or autonomy — can extend to the compelled subsidization of a woman’s procreative practices.”

She added that denying coverage of contraception would not undermine the Affordable Care Act’s requirements that health insurance provide preventative care.

It’s very important that people who favor big government solutions understand that a secular government is never going to recognize the rights of Christians as they take over more and more of the private sector economy. I am in favor of real care for people who have unexpected health care costs – like rare diseases and drunk drivers. We should give every citizen a voucher to purchase insurance that protects them from conditions that are not related to their own choices. But contraceptives and abortions are not unexpected – they are deliberate choices. People should have to pay for their own choices – not shove the costs on the rest of us who don’t even agree with those behaviors. You can see how far this goes in countries like Canada – which covers IVF, sex changes and abortions. And the UK, which covers IVF, sex changes and breast enlargements. Is that health care? Shouldn’t we have the right to opt out of paying for that for other people?

If liberals are so keen on paying for other people’s condoms and abortions, then why don’t they do it with their own money? I’m chaste. Why should I have to pay for these things for other people and give up my own plans and dreams?

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Videos

A basic case for the pro-life position by Scott Klusendorf

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Are you able to make a basic case for the pro-life view?

Here’s a short 35-lecture by Scott Klusendorf, president of the Life Training Institute.

This is a long treatment that talks about the challenge of moral relativism and the case for the pro-life view. He does show a clip of abortion in the video to the audience.

There’s also a 35-minute audio recording of Scott on the LTI web site. (H/T Apologetics 315) You can put that on your podcast player and listen to it. Listen to it a lot and soon you’ll sound like Scott.

Scott also has an article posted on the LTI web site for those who don’t have time for the video or the audio.

In the article makes three points:

  1. Clarify the issue
  2. Defend your pro-life position with science and philosophy
  3. Challenge your listeners to be intellectually honest

Here’s the second point:

Scientifically, we know that from the earliest stages of development, the unborn are distinct, living, and whole human beings. Leading embryology books confirm this.2 For example, Keith L. Moore & T.V.N. Persaud write, “A zygote is the beginning of a new human being. Human development begins at fertilization, the process during which a male gamete or sperm … unites with a female gamete or oocyte … to form a single cell called a zygote. This highly specialized, totipotent cell marks the beginning of each of us as a unique individual.”3 Prior to his abortion advocacy, former Planned Parenthood President Dr. Alan Guttmacher was perplexed that anyone, much less a medical doctor, would question this. “This all seems so simple and evident that it is difficult to picture a time when it wasn’t part of the common knowledge,” he wrote in his book Life in the Making.4

Philosophically, we can say that embryos are less developed than newborns (or, for that matter, toddlers) but this difference is not morally significant in the way abortion advocates need it to be. Consider the claim that the immediate capacity for self-awareness bestows value on human beings. Notice that this is not an argument, but an arbitrary assertion. Why is some development needed? And why is this particular degree of development (i.e., higher brain function) decisive rather than another? These are questions that abortion advocates do not adequately address.

As Stephen Schwarz points out, there is no morally significant difference between the embryo that you once were and the adult that you are today. Differences of size, level of development, environment, and degree of dependency are not relevant such that we can say that you had no rights as an embryo but you do have rights today. Think of the acronym SLED as a helpful reminder of these non-essential differences:5

Size: True, embryos are smaller than newborns and adults, but why is that relevant? Do we really want to say that large people are more human than small ones? Men are generally larger than women, but that doesn’t mean that they deserve more rights. Size doesn’t equal value.

Level of development: True, embryos and fetuses are less developed than the adults they’ll one day become. But again, why is this relevant? Four year-old girls are less developed than 14 year-old ones. Should older children have more rights than their younger siblings? Some people say that self-awareness makes one human. But if that is true, newborns do not qualify as valuable human beings. Six-week old infants lack the immediate capacity for performing human mental functions, as do the reversibly comatose, the sleeping, and those with Alzheimer’s Disease.

Environment: Where you are has no bearing on who you are. Does your value change when you cross the street or roll over in bed? If not, how can a journey of eight inches down the birth-canal suddenly change the essential nature of the unborn from non-human to human? If the unborn are not already human, merely changing their location can’t make them valuable.

Degree of Dependency: If viability makes us human, then all those who depend on insulin or kidney medication are not valuable and we may kill them. Conjoined twins who share blood type and bodily systems also have no right to life.

In short, it’s far more reasonable to argue that although humans differ immensely with respect to talents, accomplishments, and degrees of development, they are nonetheless equal because they share a common human nature.

That’s the core of the basic pro-life case right there. There’s also a good interview of Mr. Klusendorf that I blogged about.

Advanced Objections

You can learn more by reading basic pro-life apologetics… from Francis Beckwith. You might recognize Frank Beckwith as the author of “Defending Life: A Moral and Legal Case Against Abortion Choice“. He wrote that book for Cambridge University Press, a top academic press. But before Cambridge University Press, Beckwith wrote easy-to-understand essays for the Christian Research Journal.

Here are four essays that answer common arguments in favor of legalized abortion.

Here’s an excerpt from Part II:

Excerpt:

A woman who becomes pregnant due to an act of either rape or incest is the victim of a horribly violent and morally reprehensible crime. Although pregnancy as a result of either rape or incest is extremely rare, [1] there is no getting around the fact that pregnancy does occur in some instances.

[…]Despite its forceful appeal to our sympathies, there are several problems with this argument. First, it is not relevant to the case for abortion on demand, the position defended by the popular pro-choice movement. This position states that a woman has a right to have an abortion for any reason she prefers during the entire nine months of pregnancy, whether it be for gender-selection, convenience, or rape. [3] To argue for abortion on demand from the hard cases of rape and incest is like trying to argue for the elimination of traffic laws from the fact that one might have to violate some of them in rare circumstances, such as when one’s spouse or child needs to be rushed to the hospital. Proving an exception does not establish a general rule.

[…]Fourth, this argument begs the question by assuming that the unborn is not fully human. For if the unborn is fully human, then we must weigh the relieving of the woman’s mental suffering against the right-to-life of an innocent human being. And homicide of another is never justified to relieve one of emotional distress. Although such a judgment is indeed anguishing, we must not forget that the same innocent unborn entity that the career-oriented woman will abort in order to avoid interference with a job promotion is biologically and morally indistinguishable from the unborn entity that results from an act of rape or incest. And since abortion for career advancement cannot be justified if the unborn entity is fully human, abortion cannot be justified in the cases of rape and incest. In both cases abortion results in the death of an innocent human life. As Dr. Bernard Nathanson has written, “The unwanted pregnancy flows biologically from the sexual act, but not morally from it.” [5]Hence, this argument, like the ones we have already covered in this series, is successful only if the unborn are not fully human.

Scott Klusendorf wrote the The Case for Life, which is the best book for beginners on the pro-life view. For those looking for advanced resources, Francis Beckwith, a professor at Baylor University, published the book Defending Life, with Cambridge University Press, 2007.

Finally, if you want to see Scott Klusendorf in a debate with a former ACLU executive, you can see it right here.

UPDATE: My friend Papa Georgio sent me a post that features THREE talks by Scott Klusendorf. (H/T Religio-Political Talk)

Learn about the pro-life case

And some posts motivating Christians and conservatives to take abortion seriously:

News

CNN: Senate Democrats unanimously voted for rule that kills private health care plans

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Why didn’t CNN report on this in 2010, when the vote happened? Oh well, better late than never.

Excerpt:

Senate Democrats voted unanimously three years ago to support the Obamacare rule that is largely responsible for some of the health insurance cancellation letters that are going out.

In September 2010, Senate Republicans brought a resolution to the floor to block implementation of the grandfather rule, warning that it would result in canceled policies and violate President Barack Obama’s promise that people could keep their insurance if they liked it.

“The District of Columbia is an island surrounded by reality. Only in the District of Columbia could you get away with telling the people if you like what you have you can keep it, and then pass regulations six months later that do just the opposite and figure that people are going to ignore it. But common sense is eventually going to prevail in this town and common sense is going to have to prevail on this piece of legislation as well,” Iowa Sen. Chuck Grassley said at the time.

“The administration’s own regulations prove this is not the case. Under the grandfathering regulation, according to the White House’s own economic impact analysis, as many as 69 percent of businesses will lose their grandfathered status by 2013 and be forced to buy government-approved plans,” the Iowa Republican said.

On a party line vote, Democrats killed the resolution, which could come back to haunt vulnerable Democrats up for re-election this year.

So those evil Republicans were actually trying to protect the American people from losing their health insurance, but the Democrats stopped them. This reminds me of when Bush was trying to regulate Fannie Mae and Freddie Mac ahead of the housing crisis, and the Democrats blocked him because they claimed there was no mortgage lending crisis. Then later, they claimed that the mortgage lending crisis was caused by insufficient regulation.

Here is economist Larry Kudlow of CNBC to make sense of these policies at a higher level.

Excerpt:

Charles Krauthammer and the Wall Street Journal’s Dan Henninger noted in excellent recent columns that this whole Obamacare business represents the greatest-ever expansion of the liberal entitlement-state dream. But I don’t want that dream. And you shouldn’t either.

Here’s what else I don’t want: As a 60-something, relatively healthy person, I don’t want lactation and maternity services, abortion services, speech therapy, mammograms, fertility treatments or Viagra. I don’t want it. So why should I have to tear up my existing health-care plan, and then buy a plan with far more expensive premiums and deductibles, and with services I don’t need or want?

Why? Because Team Obama says I have to. And that’s not much of a reason. It’s not freedom.

It’s especially not freedom for thirty-something chaste single males like me. I don’t want it, I don’t need it, and if you force me to pay for it for other people, then don’t expect me to marry and have children, because I can’t afford to pay for the wards of the welfare state and a family. It has to be one or the other. Either I keep what I earn, or the government takes what I earn. Period.

So far I am exempt from this, but my turn is coming next year, as Kudlow notes:

Incidentally, equally punitive regulations will hit more than 90 million employer-sponsored health plans next year. It’s the same problem as the individual plan. Grandfathering won’t work. Moreover, replacing these plans with much more expensive products will constitute a major tax hike on the entire economy. This point shouldn’t be lost as Americans worry about being kicked from their plans. Obamacare is not only anti-freedom but anti-growth.

I had not read the Daniel Henninger column linked above before, but here’s a sobering snippet from that column:

What made ObamaCare an exemplar of progressive politics and policy is precisely what has been on view this week in news stories and the Sebelius hearing. It’s not that the health program was to be administered by the state or that it promised benefits to all. Liberalism did that for decades. What made it peculiarly progressive were themandates. And not just the law’s individual and business mandates to purchase their insurance. The essence of modern Democratic progressivism is: “You will participate in what we have created for you, and you will comply with the law’s demands.”

[…]American progressivism is politics by cramdown. Ask Jamie Dimon. Ask the coal miners the EPA is putting out of business. Ask the union workers waiting for jobs on the Keystone XL pipeline. Ask Boeing in South Carolina or the harmless tea party groups from towns no one has ever heard of that were shut down by the IRS, or the 20,000 inner-city parents and students who marched across the Brooklyn Bridge to protest obliteration of their charter schools by New York’s progressive mayoral candidate, Bill de Blasio.

I had blogged before about the Charles Krauthammer column that Kudlow mentioned. Check it out if you missed it.