Hearings Begin on Lawsuit States Filed Against Pro-Abortion Health Care Law
by Steven Ertelt
September 14, 2010
Washington, DC (LifeNews.com) — Oral arguments begin today in the case more than a dozen states have filed against the pro-abortion health care bill President Barack Obama signed into law. U.S. District Judge Roger Vinson, a Reagan nominee, will hold a hearing on the lawsuit filed against ObamaCare by Florida and 18 other states.
The suit claims the new health care scheme violates state rights and will cause economic problems.
The states say it illegally requires all citizens and legal residents to purchase health care coverage or pay a tax penalty. They say the measure violates the U.S. Constitution’s Commerce Clause and the 10th Amendment granting states rights.
The National Federation of Independent Business is also part of the lawsuit and it argues the health care restructuring plan will increase costs for small businesses and adversely impact them.
For the pro-life movement, the big concern about the ObamaCare bill is the massive abortion funding it contains and pro-life groups have already had to work overtime to stop abortion funding planned in three states, Pennsylvania, Maryland and New Mexico.
The Justice Department is asking the judge to dismiss the lawsuit.
Regardless of Judge Vinson’s ruling, the outcome is expected to be appealed all the way to the Supreme Court.
The Obama administration is also fighting a second lawsuit filed by Virginia Attorney General Ken Cuccinelli challenging the mandate based on a specific state law barring the government from requiring that Virginians buy health insurance. A federal judge refused to dismiss the lawsuit and said the health reform plan did in fact raise constitutional questions.
Alabama, Alaska, Arizona, Colorado, Georgia, Indiana, Idaho, Louisiana, Michigan, Mississippi, Nebraska, Nevada, North Dakota, Pennsylvania, South Carolina, South Dakota, Texas, Utah and Washington also have joined the lawsuit Florida Attorney General Bill McCollum filed.
Interestingly, Judge Vinson has overseen two abortion related cases — including the sentencing of two men, Matt Goldsby and James Simmons, for their roles in bombing an abortion business and Paul Hill, who was convicted and later executed for killing an abortion practitioner and his security guard.
Under the ObamaCare health care bill, there is no ban on abortion funding. While some states can opt out of funding abortions under the plan, taxpayers in other states will be forced to pay for them.
But the bill contains other pro-abortion problems that are concerns for pro-life advocates.
The bill requires that at least one health care plan be promoted across the country that pays for abortions, more abortion funding would come via the affordability credits, and many of the so-called limits on abortion funding in the Senate bill are temporary and could expire or be overturned at a later date.
The Senate health care bill also pays for abortions under the Indian Health Service program.
And it contains the Mikulski amendment that would allow the Obama administration to define abortion as preventative care and force insurance plans to pay for abortions.
Finally, the Senate bill does not contain language needed to offer full conscience protection for pro-life medical workers and facilities.
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