Mar 112010
 
Stupak Cannot Make ObamaCare Safe for the Unborn!
Are Republicans Whistling Stupak Past the Graveyard on ObamaCare?

The only realistic way ObamaCare can be enacted into law during this Congress is for the House to pass the Senate Bill un-amended and then for the Senate to “fix” the abortion language in the bill after the fact using Reconciliation to satisfy Stupak Democrats who refuse to be a party to enacting the Senate abortion language into law.
The reason the Senate abortion language cannot be fixed before the fact is that altering the Senate Bill in the House would require its being sent back to the Senate where it would require 60 votes to approve the House changes. The election of Massachusetts Republican Scott Brown to Ted Kennedy’s old seat effectively precludes Democrats from getting 60 votes in the Senate.

The Stupak-Amendment
will NOT Protect the Unborn!
ObamaCare=Federally Funded Abortions
Kill the Bill – Not Our Unborn – FAX CONGRESS

Hence, the only viable option for enacting ObamaCare during this Congress involves a legislative two-step. First the House must swallow the Senate bill whole, which would send the bill directly on its way to the President to sign into law. Then the Senate would come back after the fact and pass a second measure (a Reconciliation Bill) that would “fix” the abortion language in the recently passed Senate health care bill, presumably by replacing the Senate abortion language with the House Stupak language. The House would then have to pass the Reconciliation Bill and send it to the President for signature.

Two obstacles have prevented Democrats from executing this strategy, however. First, Senate precedent holds that abortion riders to bills do not ordinarily have a budgetary effect and hence such riders in the past have fallen to a point of order against them under the Senate rules of Reconciliation. Many Republicans have taken considerable solace in this fact. Respected health care analyst Grace-Marie Turner, for example, points out:

“Abortion provisions historically have been barred from the 51-vote Senate reconciliation process as being not germane to the budget, and there are not 60 pro-life votes in the Senate to pass such a bill through regular order.”

Closer examination of the Senate Bill, however, suggests the current situation is different in several respects than the usual “abortion provisions” Turner alludes to (i.e., Hyde amendments), and therefore amending the Senate Bill’s abortion language under Reconciliation may not be covered by Senate precedent. Consider just one of those differences.

The Stupak-Amendment will NOT Protect the Unborn!
Tell Congress ObamaCare=Federally Funded Abortions
Kill the Bill – Not Our Unborn – FAX CONGRESS NOW!
https://patientoptout.com/secure-online-donation/stupak-can-not-protect-the-unborn/

As a National Right to Life analysis observes:

“The Senate bill provides $7 billion for the nation’s 1,250 Community Health Centers, without any restriction whatever on the use of these federal funds to pay directly for abortion on demand. (These funds are entirely untouched by the “Hyde Amendment” that currently covers Medicaid.)”

Amending the Senate language to, among other things, prohibit community health centers from using federal funds to perform abortions and reducing their $7 billion authorization commensurately would clearly have some impact on the budget.

While the parliamentary outcome of a Reconciliation Two-Step may not be certain, a prudent opponent of ObamaCare would be well advised to devise a stopping strategy that does not rely on a favorable parliamentary outcome. In other words, it would be prudent for Republicans to make the conservative assumption that determined Democrats will find a way to vault the point-of-order hurdle in the Senate. It would be foolish for opponents of ObamaCare to rely on a parliamentary ruling in their favor from the Senate Chair.

The Stupak-Amendment will NOT Protect the Unborn!
Tell Congress ObamaCare=Federally Funded Abortions
Kill the Bill – Not Our Unborn – FAX CONGRESS NOW!
https://patientoptout.com/secure-online-donation/stupak-can-not-protect-the-unborn/

Which brings us to the second obstacle confronting congressional Democrats and the President in their Quixotic Quest to enact ObamaCare into law during this Congress: Lack of trust among Democrats. Everyday brings new reports of dissention within Democratic ranks over ObamaCare. Assuming the Reconciliation parliamentary obstacle can be overcome, one would think determined Democrats could execute the two-step reconciliation strategy laid out above.
To date, however, suspicion and paranoia for each other among Democrats is running so high that Stupak Democrats don’t trust the President to follow through on a promise to sign a Reconciliation “fix” into law after House Stupak Democrats expose their soft underbelly by swallowing the abortion-corrupted Senate Bill in tact. What a remarkable commentary on the state of the Democratic Party that there doesn’t exist a level of trust sufficient to take their own President at his word when he makes them a promise. Wow

If one is an opponent of ObamaCare, he would be well advised to ask whether this gift of the political gods might not be too good to be true. One must be concerned that Republicans who rely on the President’s duplicity to protect the nation against his bad ideas might not be projecting their own lack of trust in the President onto their political opponents, his political allies. In politics as with everything else, something that appears to be too good to be true usually is. Hence, again, determined opponents of ObamaCare would be well advised to think carefully before putting all their chips on Democrats’ failing to have sufficient trust in each other to muscle ObamaCare through the Congress and onto the President’s desk before it adjourns sine die to go home and campaign.

The fact of the matter is, ObamaCare is prevented from being enacted into law by the thinnest of thin barriers of Democratic distrust over adopting the Stupak anti-abortion language. The bitter irony is that Stupak itself is a vapor barrier to federally subsidized abortion on demand. There is no way the Stupak language will prevent ObamaCare from turning into a federally subsidized abortion mill.

The Stupak-Amendment will NOT Protect the Unborn!
Tell Congress ObamaCare=Federally Funded Abortions
Kill the Bill – Not Our Unborn – FAX CONGRESS NOW!
https://patientoptout.com/secure-online-donation/stupak-can-not-protect-the-unborn/

Republicans must be very careful what they wish for. Say Democrats can agree to a trust-raising means of “fixing” the Senate Bill with Stupak after the fact through Reconciliation by putting Pelosi and Boxer Democrats on record first by having them demonstrate their fealty to a promise to “fix” the bill after the fact by first voting for a separate, free-standing Stupak Bill BEFORE the House votes on the Senate healthcare bill and insisting that the President publicly announce his intention of signing the Separate Stupak Bill. If that happens, it will be point, game, set and match for the White House. Does anyone—even the most cynical Republicans who believe their own press releases—really believe the President would make a promise to accept Stupak and then renege on it and leave his fellow Democrats hanging out to dry?

Of course, Republicans can disagree among themselves on the likelihood of the President behaving in just this way but, again, a prudent opponent of ObamaCare would not leave the fate of the nation hanging on the President’s acting in so dastardly a manner if there is the slightest chance that he would abide by his promise.

So, what is to be done? Two things. First, Republicans must stop chasing the Stupak will-a-the-wisp and be careful what they wish for; it may come true.

The simple fact is, there is no way to make either the House Bill nor the Senate Bill Stupak nor some combination of the two safe for the unborn. Stupak is not a silver bullet to kill the abortion monster; it is nourishment for the beast. There is no way to make government-run healthcare safe for the unborn. Stupak is not part of the solution; it is part of the problem.

If Democrats forge even a modicum of trust and enact a Stupak-imprinted version of ObamaCare into law, Republicans and the pro-life groups who have supported the Stupak delusion will have only themselves to blame when transformative judicial and administrative decisions and rulings create a federally subsidized system of abortion on demand.

Republicans and pro-life groups have become too invested in Stupak; they have put themselves into a political corner. They have wished for a vapor barrier to federally subsidized abortion and a vapor barrier is all they are going to get. Republicans and pro-life groups must alter their strategy and announce unequivocally that Stupak won’t work and that the only way to make ObamaCare safe for the unborn is to kill it black-flag dead now; the only safe ObamaCare is a dead ObamaCare.

The Stupak-Amendment will NOT Protect the Unborn!
Tell Congress ObamaCare=Federally Funded Abortions
Kill the Bill – Not Our Unborn – FAX CONGRESS NOW!
https://patientoptout.com/secure-online-donation/stupak-can-not-protect-the-unborn/

The key to victory lies with Senate Republicans who must stop relying on the political incompetence of Democrats to protect the nation against a government takeover of healthcare; they must tell the American people they understand this Congress has lost the Mandate of Heaven on healthcare and are prepared to act on that understanding to protect the nation against an illegitimate takeover of the healthcare system. Senate Republicans must pledge to the American people—who have withdrawn their mandate for this Congress to overhaul the national healthcare system—that the GOP will not allow this charade, this waste of congressional time to continue.

If the President and congressional Democrats insist on continuing to tie up the U.S. Congress in their demented obsession to jam ObamaCare down the throat of the American public, Republicans must stand ready to preemptively bring the U.S. Senate to a halt until the Democrats agree to move off healthcare and not return to it until after the 112th Congress is sworn in.

Senate Republicans should use every procedural device at their command during the next couple of weeks to stall the work of the Senate until the Easter recess when Members of Congress must return home and hear the voices of their constituents.

It is clear to anyone who pays attention: The American people demand an election occur and a new Congress convene before healthcare is taken up again. Republicans need to open their eyes and clear their ears and do whatever is necessary to ensure this demand is met.

The Stupak-Amendment will NOT Protect the Unborn!
Tell Congress ObamaCare=Federally Funded Abortions
Kill the Bill – Not Our Unborn – FAX CONGRESS NOW!

https://patientoptout.com/secure-online-donation/stupak-can-not-protect-the-unborn/


Defend America,
Larry Hunter
Lawrence A. Hunter, Ph.D.
Social Security Institute
15 Culpeper St.
Warrenton VA, 20187

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