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No, Kathleen Sebelius Does Not Need A Legal Memo To Ignore False Anti-Contraception Legal Arguments

Conservative media outlets are downright gleeful over a recent exchange between Rep. Trey Gowdy (R-SC) and Secretary of Health and Human Services Kathleen Sebelius that culminates with Sebelius stating that she did not receive a legal memo addressing whether the Obama Administration’s recent effort to expand access to contraception is unconstitutional.

GOWDY: When you say you balance things, can you understand why I might be seeking a constitutional balancing instead of any other kind?

SEBELIUS: I do, sir, and I defer to our lawyers to give me good advice on the Constitution. I do not pretend to be a constitutional lawyer.

GOWDY: Is there a legal memo that you relied on?

SEBELIUS: I relied on discussions.

GOWDY: At least when Attorney General Holder made his recess appointments, there was a legal memo that he relied on. Is there one you can share with us?

SEBELIUS: Attorney General Holder clearly runs the Justice Department and lives in a world of legal memos.

Watch it:

Gowdy, who, among other things, appears confused about which executive branch official has the power to make recess appointments, seems quite proud of the fact that he made Sebelius admit that she never received a written document explaining why the Constitution permits regulations ensuring that working women will be able to access birth control — and that she instead relied on oral conversations with attorneys. There’s a very good reason why Sebelius would not need such a memo, however. The primary conservative argument against contraceptive access — that allowing it somehow violates the constitutional rights of religious groups who object to contraception — is completely meritless and hardly requires a lengthy memo. I recently dismissed it in just two paragraphs, for example:

There is nothing in the Constitution saying that a person does not have to comply with the law simply because they object to it — if this were actually true, anyone could immunize themselves from paying taxes simply by claiming a moral objection to doing so. Nor does the Constitution allow people to violate the law simply because they have a religious objection to it.

The seminal Supreme Court opinion establishing this point was written by conservative Justice Antonin Scalia — who, coincidentally, is Catholic. Scalia explains that “the right of free exercise does not relieve an individual of the obligation to comply with a ‘valid and neutral law of general applicability on the ground that the law proscribes (or prescribes) conduct that his religion prescribes (or proscribes).’” In other words, so long as a law does not single out Catholics (or any other faith) for inferior treatment, the law applies universally to everyone.

It would be a tremendous waste of limited resources to have the government employ armies of lawyers whose job is to anticipate every false legal argument that might be thrown against a new regulation and draft memos explaining why those false theories shouldn’t prevent the regulation from being implemented. Perhaps Mr. Gowdy thinks it would be a good use of the American people’s taxes to create such a stimulus program for government lawyers, but there are much better ways for America to spent its money.

On a more serious note, however, there is something very ominous about Gowdy’s exchange with Sebelius. The Constitutional case against contraceptive access is meritless, and any competent lawyer would tell Sebelius as much in just a few sentences. The same, however, can also be said about the case against the Affordable Care Act. If the Supreme Court strikes down health reform, it will send a clear message to every judge in the country that the law does not apply any more — at least when enough conservative officials object to the law.

In other words, Sebelius may need to hire an army of rabidly conservative lawyers just to tell her which frivolous legal arguments she must heed regardless of the fact that they have no basis in the Constitution.

Dolan Admits Catholics Don’t Agree With Church’s Birth Control Prohibition 

Catholic bishops have loudly opposed the Obama administration’s plan to expand contraception access, despite the fact that a majority of Catholics disagree with the church’s position. New York Cardinal Timothy Dolan even has claimed that expanding access to birth control would spread “secularism.” But in an interview with MSNBC’s Chris Jansing, Dolan conceded that most Catholics reject the Church’s prohibition on birth control and likely support the administration’s compromise:

CHRIS JANSING (MSNBC HOST): Do you think Catholics will vote on the birth control issue, for example?

DOLAN: No, I don’t think they’d do that. [...] You are right, and many people are right, when they say bishops, I don’t know if you’ve got your people with you on the specific issue of contraception.

Watch the MSNBC interview here starting at 2:30:

A recent Gallup poll shows that Catholics are not turning away from President Obama because of the contraception debate. Even though the Catholic Church has attacked the Obama administration, Obama has a six-point lead over Mitt Romney, who opposes the contraception regulation, among Catholic voters.

Republicans Push Funding Cuts For Children’s Health Insurance Program

Rep. Joe Barton (R-TX)

Despite the fact that many government health programs can save money and lives, Republicans are still trying to chip away at the safety net for the least fortunate. Recently, they turned to incentives designed to help children gain access to better health care.

As part of an effort to reduce health spending by $115 billion, Republicans on the House Energy and Commerce Committee voted last week to cut $400 million from a program designed to make it easier for children in lower-income families to gain insurance through Medicaid or the Children’s Health Insurance Program (CHIP) and offer bonuses to states that see increases. According to Politico, 23 states have received bonus money for enrolling more children, with 16 of those boosting enrollment by more than 10 percent. While the proposal’s immediate future is dim, opponents say there is a chance it could resurface later on:

Although the Senate is unlikely to pick up this measure, [Executive Director of Families USA Ron] Pollack said he’s concerned it could reappear when Congress returns after the elections with a full plate of legislation in need of offsets.

When you start with the House-passed budget and efforts like this, while it’s clear that they’re not going to become law, it’s just part of an opening bell about how the Republicans in the House want to handle a larger effort that will take place some time after the elections,” he said.

The lead sponsor of this bill, Rep. Joe Barton (R-TX), claimed weakening the eligibility requirements to boost coverage encouraged more people to try and game the system. But as Politico noted, the study he cited to back up his claim did not include any data specific to the bonus program Republicans are seeking to cut.

Here is what CHIP actually has done: It has helped cut the national rate of uninsured children to the lowest recorded level ever, keeping millions from losing all health coverage, and pushing long-term health costs lower. The program Republicans want to cut, meanwhile, paid out close to $300 million in bonuses last year alone and has already encouraged states to streamline their enrollment processes, eliminating bureaucratic waste.

The Republican budget presented by Rep. Paul Ryan (R-WI) would make dramatic cuts to child care funding and nutrition programs, and leave millions uninsured or underinsured.

-Zachary Bernstein

REPORT: What’s At Stake For Women If The Supreme Court Strikes Down Health Reform

Millions of American women would lose access to affordable health care coverage if the Supreme Court strikes down Obamacare, a new report by Jessica Arons from the Center for American Progress argues. Since women are more likely to consume health care services, use prescription medication, suffer from chronic illness, and face discrimination in the individual health market, they “will suffer the most” from a negative Court decision.

The report claims that to invalidate the law in part or in whole would turn back the clock on the health care system and ensure that women are routinely discriminated against because of their gender and denied coverage for basic benefits in the individual health care market:

Those without a source of employer-sponsored coverage must purchase health insurance in the individual market—a market that routinely discriminates against women. Through a practice known as gender rating, women pay $1 billion more in premiums than men each year for the same set of benefits. And even though they pay more, they often receive fewer benefits. Individual market plans often exclude essential health services for women, such as maternity care, contraception, and Pap smears. And women are subject to coverage exclusions by health insurance providers in the individual market for gender-specific “pre-existing conditions” such as breast cancer, Cesarean sections, rape, and domestic violence.

Due to their higher utilization of health care, their higher premiums and cost-sharing burdens, and the lower levels of coverage for women-specific conditions, women have higher out-of-pocket costs than men and are also more likely to experience medical bankruptcy. Women of reproductive age spend 68 percent more on their health care expenses than men, and non-elderly adult women are more likely to be underinsured, meaning that they have out-of-pocket costs that total over 10 percent of their income.

Women have gained so much from Obamacare, but stand to lose it all should the Court — or Republicans in Congress — undo these advances:

Read the full report here.

Pennsylvania Governor Hopes To Change Women’s Choice On Abortion

Republicans across the country have pushed for a slew of abortion regulations that limit women’s access to health care. State lawmakers have considered measures that put up more hurdles for women seeking abortions, with the goal of ultimately preventing them from having the procedure.

Pennsylvania was one of 17 states to consider requiring women to undergo an unnecessary ultrasound before an abortion, which Gov. Tom Corbett (R) supported even though the House stopped the bill. He defended the measure by telling women “you just have to close your eyes” if they didn’t want to see the ultrasound. And in an interview with UW Election Eye, Corbett said he supported the abortion bill in the hope that it would stop women from having an abortion:

CORBETT: I think we have over 30,000 abortions a year in Pennsylvania. [...] I think adoption is a much preferable way to go. When you see that kind of number, if an ultrasound, which is not invasive at all, would convince somebody maybe to carry that baby to term and give it up for adoption and save that life, I think that’s the way to go.

Watch here:

Research has shown that seeing an ultrasound does not lead women to change their minds about having an abortion. Instead, it only forces women to jump through more time-consuming hoops before they can have a medical procedure.

NEWS FLASH

Georgia Governor Approves Ban On Abortions After 20 Weeks With No Exception For Rape Or Incest | Georgia Gov. Nathan Deal (R) signed a controversial “fetal pain” bill into law yesterday, which bans most abortions after 20 weeks with exceptions to save the life of the mother and if the fetus has extreme defects that make survival unlikely. The bill has no exception for rape or incest. Lawmakers based the legislation on the widely disputed claim that a fetus can feel pain after 20 weeks gestation, and Georgia is the seventh state to approve such a law. State laws already prevented most abortions in the third trimester. Deal argued the new law added “humane protection to innocents capable of feeling pain,” but Planned Parenthood officials said it would limit women’s access to health care.

NEWS FLASH

New York Democrat Compares Pro-Choice Advocates To Hitler, ‘Murderers, Assassins And Criminals’ | New York state Sen. Ruben Diaz (D) — well known for his advocacy against the state’s same-sex marriage law — invoked Hitler on Tuesday as he protested Democrats’ support for the Reproductive Health Act. The measure “would change state law to treat abortion as a public health issue rather than a criminal one and would guarantee women the right to have access to contraception or abortion care.” Diaz, a Pentecostal minister, issued a fiery statement that repeatedly quoted from the Bible and compared pro-choice advocates to “murderers, assassins and criminals.” “Hitler was pro-choice. He chose to send the Jews to Auschwitz. That was not their choice that was Hitler’s choice,” Diaz said. “Murderers, assassins and criminals are pro-choice. They choose to put a gun to your head and take your life. That is not your choice. That is their choice.”

Morning CheckUp: May 2, 2012

Massachusetts payment-reform bill would overhaul how health-care providers are paid: “In 2006, under Gov. Mitt Romney, Massachusetts became the first state to extend insurance coverage to all its residents. Now it’s looking to slow the growth of its health-care costs in equally groundbreaking ways.” [Washington Post]

In Massachusetts, hope for higher salaries if health care inflation slows: “As Massachusetts’ state legislators put the finishing touches on a major health care cost-control bill, there is still one big question: How much could it save? A recent report claims employers and employees could see between $8 billion and $34.5 billion in savings over nine years.” [WBUR]

Advocates worry states are moving too fast on dual eligibles: “Some states likely will begin testing new ways to care for people who qualify for both Medicare and Medicaid early next year—a timeline that has some advocates urging officials to slow down.” [Kaiser Health News]

$728 million awarded for health-center projects: “HHS awarded $728 million for nearly 400 community health-center construction and renovation projects. Of the amount, 171 health centers received $629 million to expand facilities and capacity, and improve services, according to an HHS news release. Another $99.3 million was awarded to 227 health centers to fund projects related to facility needs and equipment.” [Modern Healthcare]

Legislation to avoid mandatory cuts awaits budget panel: “Next week, House Budget Committee members will consider legislation that includes healthcare spending reductions and the repeal of some provisions of the reform law as part of a package to avoid across-the-board cuts to federal programs set to begin next year.” [Modern Healthcare]

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