'Huge pro-life victory': Trump admin takes aim at the 'abortion surcharge' hidden in some Obamacare plans

A new rule announced by the Trump administration on Friday will take aim at an Obama-era policy that pro-lifers say allowed insurers to hide charges for abortion inside government-subsidized health insurance plans.

The "abortion surcharge," as some call the result of an Obama administration rule regarding Obamacare billing, has been a target of pro-life lawmakers and activists for some time. On Friday, the administration announced a final rule addressing the issue.

So what is the abortion surcharge?

A July letter to HHS Secretary Alex Azar signed by 25 senators and 103 House members explained that the health insurance law as written requires that federally subsidized health plans that cover elective abortions should charge a separated minimum $1 “abortion surcharge” every month and deposit it into a separate account for abortion procedures. The dual intent was to prevent taxpayer money from directly covering abortion procedures while creating transparency about which insurance plans cover abortions.

“Unfortunately,  in an exercise of executive overreach, the Obama Administration undermined Section 1303 by interpreting ‘separate’ to mean ‘together’ in subsequent regulatory guidance,” the lawmakers wrote. “Blatantly disregarding congressional authority, the guidance stated that simply sending a single notice about the surcharge or itemizing the abortion surcharge on monthly bills would satisfy the requirement under Section 1303.”

"Pursuant to the law," a Center for Medicare news release from Friday explains, "this rule will ensure that taxpayers do not contribute funds to pay for coverage of abortion services for which funding isn’t allowed by law, and will alert consumers that their health plan covers abortion services, allowing them to make fully informed decisions about their coverage."

In a statement about the new final rule, Health and Human Services Secretary Alex Azar said that the "separate billing requirement fulfills Congress’ intent and reflects President Trump’s strong commitment to preventing taxpayer funding of abortion coverage.”

Pro-life lawmakers and activists celebrated the rule's announcement as a big win.

"I’m thankful for yet another pro-life win in the books with the new rule to end the hidden abortion surcharge in Obamacare plans," Rep. Jeff Duncan, R-S.C. — who joined in an October letter about the surcharge — told Blaze Media about the new policy. "President Trump and Vice President Pence have been fighting for the unborn since the day they took office, and I applaud the entire Trump Administration team for their commitment to pro-life policies in America.”

“This is a victory for American taxpayers as we ensure their hard earned dollars aren’t unknowingly used to pay for another person’s abortion,” Rep. Michael Cloud, R-Texas, said in a statement Blaze Media. “This is another big step by President Trump and his administration to protect life and the rights of conscience of American taxpayers.”

"This new rule will ensure compliance so that ‘separate’ no longer means ‘together’ when it comes to funding abortion," pro-life Susan B. Anthony president Marjorie Dannenfelser stated in response to the finalized rule. "President Trump has delivered an important victory for American consumers and taxpayers, the majority of whom oppose using tax dollars to pay for abortions.”

In contrast to the pro-life celebrations over the change, Planned Parenthood called the change "YET another direct ATTACK at abortion access" and said that it could potentially cause some insurance plans to "drop abortion coverage altogether to avoid these administrative burdens or raise costs."

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Supreme Court leaves Kentucky's pre-abortion ultrasound law in place

The Supreme Court has opted to leave in place a pro-life Kentucky law that requires women seeking abortion to see an ultrasound of their unborn children before making the decision to abort.

In a lengthy list of court orders put out Monday morning, the Supreme Court declined to take up the case of EMW Women's Surgical Center v. Meier — a challenge to a Kentucky law that requires women seeking abortion to be shown an ultrasound of their unborn children before making a final decision.

Earlier this year, the law was upheld by a ruling of the Sixth Circuit Court of Appeals. Opponents of the law — such as the ACLU of Kentucky — argue that by compelling abortionists to show women ultrasounds of their children, the law violates the free speech rights of abortion providers. The appeals court, however, found the statute's ultrasound requirements to be within the parameters of the First Amendment as it applies to speech required in professional settings.

"We hold that [the law] provides relevant information," the Sixth Circuit opinion reads. "The information conveyed by an ultrasound image, its description, and the audible beating fetal heart gives a patient greater knowledge of the unborn life inside her. This also inherently provides the patient with more knowledge about the effect of an abortion procedure: it shows her what, or whom, she is consenting to terminate. That this information might persuade a woman to change her mind does not render it suspect under the First Amendment. It just means that it is pertinent to her decision-making."

The Supreme Court provided no accompanying explanation for its decision to deny the petition to hear the case.

The ultrasound informed consent law is just one of the Bluegrass State's pro-life statutes to be challenged in federal court lately. Earlier this year, Republican Governor Matt Bevin signed into a law a bill that would make it illegal to perform an abortion after an unborn child's heartbeat is detectable. It was blocked by a federal judge shortly after signature in March.

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Should states be able to force pro-life organizations to hire abortion supporters?

Should the government be able to force pro-life organizations to ignore their beliefs about abortion when making employment decisions? An ongoing religious liberty lawsuit out of New York state raises the question.

The case is about a bill signed into law by Democratic New York Gov. Andrew Cuomo in early November that bars nonprofit organizations from hiring and disciplining employees based on their abortion views or even the decision to get an abortion. The issue is that the law contains no exemptions for pro-life organizations whose ideological missions are opposed to abortion. The Alliance Defending Freedom filed the case in federal court last month on behalf of Rochester-based pro-life pregnancy center CompassCare, First Bible Baptist Church, and the National Institute of Family and Life Advocates.

The lawsuit argues that the requirements imposed by the law "compromise the very reason for being of these organizations, which is to promote life, oppose abortion, and teach and live a sexual ethic consistent with biblical principles."

The case bears some some similarity to the Supreme Court's Hosanna-Tabor Evangelical Lutheran Church and School  v. EEOC case, which was decided unanimously. In that case, the court ruled that a Lutheran church was free to choose its ministers without government coercion under a legal concept known as a "ministerial exception."

ADF senior counsel Kevin Theriot says there is "a lot" of overlap between the 2012 case and the one his organization is involved with.

"There is certainly a concern that this law forces churches and religious organizations like CompassCare to violate their core convictions when it comes to hiring and firing, and that's an infringement upon religious autonomy, essentially," Theriot explained in a phone interview with Blaze Media.

Theriot said that, while New York's law is targeted at pro-life organizations, the implications of the matter should be troubling to everyone.

"Everybody should be concerned when the government dictates how an organization is able to further its mission," the attorney explained.

"I think most people agree that Governor Cuomo shouldn't have to hire a Republican speechwriter. You need to be able to associate with people that want to further the mission and to convey the message that you want to convey."

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Louisiana DOJ: Abortion provider in a major SCOTUS case is trying to cover up evidence of criminal activity

A Louisiana abortion provider embroiled in a major Supreme Court case is trying to hide evidence of criminal activity from prosecutors, according to the state's Department of Justice.

A news release from Louisiana Attorney General Jeff Landry’s office from last week says state officials are asking a federal judge to unseal information that contains “evidence of criminal and professional misconduct” by June Medical Services, which does business as Hope Medical Group.

"The information that was uncovered would normally lead the LADOJ to make a criminal referral," the release claims. "However, the presiding federal judge has sealed a large number of important documents and information regarding the case. The LADOJ is asking the appeals court to vacate that order."

"I am deeply concerned about the basic health and safety of Louisiana women," Louisiana Solicitor General Liz Murrill said in a statement. "And Hope's continued efforts to hide this information from the Supreme Court and to block reporting to proper authorities casts serious doubt on Hope and its abortion providers' claims that it represents the interests of Louisiana women."

When reached for comment, Hope Medical Group administrator Kathaleen Pittman told Blaze Media via email that she has "absolutely no idea" what the statement is referring to.

Kelly Krause, a spokesperson for the Center for Reproductive Rights, which represents Hope and filed a 63-page legal brief in the case on Monday, told the Washington Times that the claims are "simply untrue" and that “for years, the state of Louisiana has been relying on baseless attacks on abortion providers to defend its unconstitutional abortion restrictions and this is only the latest example."

Blaze Media reached out to the Louisiana Department of Justice for an update on the status of the legal petition. A statement from the attorney general's office says that the federal  court asked the plaintiffs for a response on Monday. Murrill said her team is "hopeful the district court’s gag order will be lifted so that information which could affect women’s health and safety will no longer be hidden from law enforcement, the courts, and the public.”

The Supreme Court case involving June/Hope is over a state law that requires that abortion providers must have admitting privileges to a hospital within 30 miles. While proponents of the law say that it's a means of protecting women's health, opponents say that the safety concerns are merely a guise for restricting abortion access in a state that only has three remaining abortion clinics. It would also be Justice Brett Kavanaugh's first major abortion case on the high court since being confirmed to the bench in October 2018.

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Pennsylvania legislators passed a bill to protect unborn babies with Down syndrome. Their Dem governor vetoed it

On Thursday, Pennsylvania Governor Tom Wolf, a Democrat, vetoed legislation that sought to protect unborn children with Down syndrome from being aborted based on their medical diagnosis.

House Bill 321, or the Down Syndrome Protection Act, would have prohibited abortions based solely on the diagnosis of Down syndrome — a chromosomal disorder that causes physical and intellectual disabilities. It passed the out of the state's House of Representatives back in March and cleared the Senate on Wednesday.

In a statement accompanying his veto, Wolf said that there was "no evidence that this bill is needed in Pennsylvania" and cited "significant concerns that enforcement of this legislation would upend the doctor-patient relationship and impede on patient confidentiality."

"This legislation is a restriction on women and medical professionals and interferes with women’s health care and the crucial decision-making between patients and their physicians," Wolf said.

Proponents of the legislation, however, said that Wolf's veto shows him siding against children with Down syndrome and with eugenics through abortion.

“Shame on Governor Wolf for blocking this compassionate, popular bill. He has signed a death sentence for countless unborn babies targeted for abortion merely because they may have Down syndrome,” said Susan B. Anthony List president Marjorie Dannenfelser in a press release. “The Pennsylvania legislature’s bold action is part of growing nationwide momentum to put an end to lethal discrimination – but Governor Wolf is an abortion extremist who consistently obstructs the will of Pennsylvanians."

“Governor Tom Wolf believes it’s just fine to kill babies in the womb solely because of a prenatal diagnosis of a disability," said Michael Greer, president of the Pennsylvania Family Institute. "That is eugenics. That’s wrong."

In a blog post, Pennsylvania Pro-Life Federation education director Bonnie Finnerty took issue with the governor's explanation for issuing the veto, writing, "This is not about health care. This is about judging someone’s life as not worth living."

"This is about exterminating a group of people because they are different and perceived by some to be a burden," Finnerty continues. "This is not health care. It’s elitism."

Meanwhile, the constitutionality of state laws barring abortions based on disabilities is currently working its way through the federal courts. Ohio passed an abortion bill to protect children with Down syndrome in 2017, but it was recently struck down by a ruling from the Sixth Circuit.

Earlier this year, the Supreme Court declined to take up the case of an Indiana law that bars discriminatory abortions based on sex, race, or disability. The law was blocked by the Seventh Circuit. In an opinion concurring with the court's denial, Justice Clarence Thomas noted that while the court may have decided to allow the issue to further ripen in the lower courts, it would eventually have to weigh in on the issue, warning, “Enshrining a constitutional right to an abortion based solely on the race, sex, or disability of an unborn child ... would constitutionalize the views of the 20th-century eugenics movement.”

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America is about to witness Brett Kavanaugh's first Supreme Court abortion case

The Supreme Court of the United States announced Friday that it would take up its first abortion case since Justice Brett Kavanaugh was added to the bench.

According to a court order, the Supreme Court has agreed to hear the case of June Medical Services v. Gee, which comes out of Louisiana and deals with a state requirement that abortion providers have admitting privileges to a hospital within 30 miles.

Proponents of the admitting privileges requirement say that the measure is a safety precaution for women undergoing the procedures.

"Abortion activists are more than willing to lower the bar on women's health in order to expand abortion, but stricter clinic regulations are in the best interest of women," March for Life President Jeanne Mancini said in a statement. "Just recently we were reminded of the need for more oversight when it comes to abortion, not less, with the appalling case of the abortionist Ulrich Klopfer collected thousands of aborted babies' bodies in his home."

The pro-abortion Center for Reproductive Rights, which filed the case with the Supreme Court in April, says the law was "designed to close abortion clinics throughout Louisiana," which currently has only three clinics. The group said, if the law were to take effect, it would cut the number of clinics in the state down to one.

"There is no evidence that any of the clinics will close as a result of the Act," the Fifth Circuit Court of Appeals ruled as it upheld the Louisiana statute in September 2018. The court also found that the law is different from a Texas law that the Supreme Court struck down in 2016 because it did not place an "undue burden" on abortion-seeking women.

The case will be the court's first regarding abortion law with Justice Kavanaugh sitting on the highest bench in the land. Kavanaugh's potential jurisprudence on the matter of abortion was a major point of debate during his contentious confirmation process year, during which he also faced down unsubstantiated allegations of sexual misconduct while in high school and college.

In fact, one of his accusers was at least partially motivated to come forward against him because of her concerns over the future of the Roe v. Wade decision, her attorney said just last month.

Soon, after the court begins its new session this month, those on both sides of last year's Kavanaugh abortion fight will get their first major insight into how he'll actually rule.

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Pro-life group accuses YouTube, Pinterest of 'illegal and discriminatory action' in legal documents

The pro-life group Live Action has had its share of showdowns with Silicon Valley censorship, and now it's taken legal action against two tech companies it says are suppressing its message.

In a Thursday blog post, the group said that it had sent out "cease and desist" legal demand letters to Pinterest and YouTube, alleging that the companies had engaged in breach of contract, among other claims.

"Live Action is charging that YouTube and Pinterest have violated the law by engaging in illegal and discriminatory action against the organization based on its pro-life ideology and mission," the post says. It adds the organization has "made it abundantly clear that it is looking at all options to highlight and expose the discriminatory and speech suppression activities of both tech companies."

Earlier this year, Pinterest added the advocacy organization's account to a block list, falsely labeling it "pornography."  The platform later permanently banned the group over what it said was "harmful misinformation."

As for YouTube, Live Action says that the company has failed to run ads put forward by the group, despite their claims that they've already paid for them and gotten them approved.

“When reviewing the evidence in both of these cases, it is quite clear that YouTube and Pinterest have engaged in discriminatory and speech-suppressing actions that have led to monetary and reputational damages to our organization," Live Action founder and president Lila Rose said in Thursday's post. "We have played by the rules outlined by these enterprises, paid our bills and lived up to the terms of service agreements, yet they still choose to discriminate against us because we are a pro-life advocacy organization.”

The organization has retained the services of famed attorney Harmeet Dhillon, who also represented several of the Covington Catholic High School students in the wake of this year's March for Life incident as well as journalist Andy Ngo after he was allegedly assaulted by Antifa members earlier this year.

Dhillon's firm sent out the cease-and-desist letters on August 21, giving the companies until the end of the month to address the situation. Both letters allege breach of contract and violation of California law.

“YouTube and Pinterest are clearly in violation of the law and must remedy this situation," Dhillon said. "The evidence in both of these cases is substantial, ranging from suppression of speech and breach of contract to censorship and banning of Live Action based on false claims.”

Neither Pinterest or YouTube responded immediately to Blaze Media's request for comment.

Update: CR received the following statement from a YouTube spokesperson after this article was originally published:

"We’ve been very public that for a wide range of news and information queries, we have algorithms that are designed to surface authoritative content of all viewpoints, including pro-choice and pro-life videos. This means we bring authoritative content to the top of our search results for abortion-related queries, among many other health and news-related topics. Our search results and ads policies function the same regardless of whether there are pro-choice or pro-life viewpoints involved."

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Doctors repeatedly asked if she wanted an abortion. She ignored them and gave birth to a health baby boy

In Scotland, a young pregnant mother was repeatedly advised to abort her baby over medical concerns. Her son was just born a few weeks ago.

A report at The Scotsman tells the  story of 21-year-old Lauren Webster and her newborn baby boy, Ollie, who was born weighing 5 lbs 14 oz on May 23.

Webster, the story explains, had previously gone through two miscarriages, and scans revealed a bladder blockage; she was "asked by medics repeatedly" if she wanted to abort her unborn child.

After seeing some problems on her 13-week scan, a doctor at the Princess Royal Maternity Hospital in Glasgow first asked if Webster wanted an abortion, citing a low chance of the child's survival. When she declined, doctors agreed to monitor the pregnancy via weekly scans.

"Every week she was asking me if I wanted to terminate," Webster recalled. "She said she had to ask me."

Webster remembers that that "was around Christmas time and I was feeling very down" as a result.

"I said to her 'don't ask me that again because I'm keeping it,'" Webster added. "By 18 weeks she had noticed that the bladder had repaired itself."

Additionally, doctors were also worried about the possibility that Ollie might have Edwards syndrome, also known as Trisomy 18, a rare genetic condition with a very short life expectancy.

"She asked me again if I wanted to terminate, saying he wouldn't survive beyond four if it was Edwards syndrome," Webster recalled.

Despite the warnings that her child might not survive, Webster told the Scottish outlet that she had a "gut feeling" that the baby would make it. Later, she said, she left the doctors "gobsmacked" when Ollie came into the world just fine, aside from showing up a few weeks early. According to the story, the bladder issue fixed itself and specialists ruled out another "serious condition" Ollie was initially thought to have.

"When I found out I was pregnant, I was very scared because of what had happened before ... But I just had a gut feeling that this was my time," Webster said.  "Everything they told me turned out not to have happened."

Now, despite all of the worry, Webster says, baby Ollie "sleeps good and is feeding well."

The new mom also has some advice for anyone else facing a challenging or devastating diagnosis: Don't give up on life.

"If someone else was to go through that experience," Webster said, "I wouldn't want them to terminate because you don't know what's going to happen."

"I just think everyone should read my story and never give up hope," Webster added.

A sad story from Ireland underlines the point. Following legalization of abortion in Ireland, a couple opted for an abortion after getting a diagnosis of a fetal abnormality. A later test, however, would show that no abnormality was present, meaning that the couple had aborted a healthy child for no reason.

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Ninth Circuit judges side WITH Trump admin on blocking federal funds to abortion providers

Judges on the Ninth Circuit Court of Appeals said Thursday that a pro-life Trump administration rule blocking abortion providers from getting federal Title X dollars can go into effect for now.

A panel of three Republican-appointed judges found that there was no reason to continue lower courts' injunctions against the proposed pro-life rule, since the Supreme Court already held up similar policies as constitutional almost 30 years ago.

"Absent a stay, HHS will be forced to allow taxpayer dollars to be spent in a manner that it has concluded violates the law, as well as the Government’s important policy interest in ensuring that taxpayer dollars do not go to fund or subsidize abortions," the three judges wrote in a unanimous opinion.

The 2019 Title X revision, which was put forward back in February, "prohibits the use of Title X funds to perform, promote, refer for, or support abortion as a method of family planning" and also bars funding recipients from performing abortions or referring clients for abortions at the same physical facility that gets the taxpayer money.

The Ninth Circuit judge panel found this rule to be a "reasonable interpretation" of Title X, which was originally passed in 1970 and barred funds from going to "programs where abortion is a method of family planning," per section 1008.

"We are pleased that the Ninth Circuit has cleared the way for this important executive branch action to take effect while our appeals are pending," Department of Justice spokeswoman Kelly Laco said in a statement to Blaze Media. "The Department of Justice’s position is supported by long-standing Supreme Court precedent and we are confident we will ultimately prevail on appeal.”

“This ruling is a victory for President Trump and the majority of Americans who do not want to fund the abortion industry with their tax dollars,” pro-life SBA List President Marjorie Dannenfelser said in a Thursday statement. “The Protect Life Rule simply draws a bright line between abortion and family planning, stopping abortion businesses like Planned Parenthood from treating Title X as their private slush fund without reducing funding by a dime. ... We are encouraged by this news and confident the Trump administration will prevail.”

Abortion proponents, however, were steamed at the ruling.

"This decision is wrong," tweeted Senate Minority Leader Chuck Schumer, D-N.Y. "It will hurt low-income & women of color most of all, making it much harder to find care."

"The Trump administration's Title X gag rule will deny access to basic reproductive health care for millions of people," said 2020 presidential candidate Sen. Kirsten Gillibrand, D-N.Y. "I call that a violation of human rights."

"The Trump-Pence administration’s gag rule is unethical, illegal, and harmful to public health—and Planned Parenthood will not stand for this attack on millions of people across the country," said Planned Parenthood President Leana Wen. "We will immediately seek emergency relief from the Court of Appeals."

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We make amazing medical advances for babies, not for 'clumps of cells'

There’s some happy news in the medical headlines today, as the Cleveland Clinic has joined other top hospitals in successfully performing prenatal surgery to repair spina bifida in utero.

A press release from the clinic details that a child who received the surgery from a team of specialists was born “near full term” earlier this month and that “mother and daughter are doing well.”

“By successfully repairing the defect before birth, we’re allowing this child to have the best possible outcome and significantly improve her quality of life,” said Dr. Darrell Cass, director of fetal surgery in the Cleveland Clinic’s Fetal Center. “There are different measures of quality in determining success for fetal repairs and in this particular case, all metrics for maximum quality were achieved.”

The procedure is similar to a less invasive one recently performed in the United Kingdom, where doctors only had to make three small holes in the mother’s abdomen and womb to fix the child’s spine.

Here’s a video representation of how the surgery worked:

However, Cass also said, “Although the surgery was a success, spina bifida is never cured,” and “moving forward, the baby will require ongoing supportive care provided by a multidisciplinary team of caregivers in our Spina Bifida Clinic.”

Nevertheless, this is still wonderful news for the baby, her family, and other parents on the receiving end of a similar diagnosis. But this news also is also quite instructive for our ongoing debate about the right to life, especially for those facing life with disabilities.

Under a different set of circumstances, after all, this child could easily have been targeted for abortion because of that diagnosis. Her mother would even have found support for killing her among those who in the past few months have defended the selective abortion of people with disabilities, like the opponents of Indiana’s anti-eugenics abortion law, for example, or perhaps among those who openly wonder why a family wouldn’t want to kill a kid with a challenging diagnosis.

But joyful stories like this one remind us that we aren’t just talking about abstract clumps of cells when we discuss those still living in the womb; we’re talking about human beings with their whole lives ahead of them. We're talking about lives that matter, lives that are worth pushing the boundaries of medical science for, regardless of their circumstances.

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