Obama on Abortion

First Act: Sign FOCA

This post looks at the Freedom of Choice Act and includes a clip of Senator Obama speaking to a Planned Parenthood gathering in 2008. Senator Obama states in the clip that his first act as President will be to sign the Freedom Of Choice Act, a Bill now pending in the Senate and House of Representatives. Obama is a cosponsor of the Senate FOCA Bill. His radical abortion views are one of the worst policy elements that would be associated with an Obama Administration. In Obama’s Troubling Abortion Votes, we posted about Senator Obama's pro-abortion voting record in the Illinois State Senate.

The Freedom of Choice Act is an aggressive piece of federal legislation aimed at destroying State actions to limit abortions. According to the bill’s supporters it would (1) abolish State bans on partial-birth abortion; (2) overturn State parental notification laws; and (3) implement tax-payer funded abortions. Here is a summary from GovTrack.

4/19/2007--Introduced.

Freedom of Choice Act - Declares that it is the policy of the United States that every woman has the fundamental right to choose to: (1) bear a child; (2) terminate a pregnancy prior to fetal viability; or (3) terminate a pregnancy after fetal viability when necessary to protect her life or her health. Prohibits a federal, state, or local governmental entity from: (1) denying or interfering with a woman's right to exercise such choices; or (2) discriminating against the exercise of those rights in the regulation or provision of benefits, facilities, services, or information. Provides that such prohibition shall apply retroactively.
Authorizes an individual aggrieved by a violation of this Act to obtain appropriate relief, including relief against a governmental entity, in a civil action.

GovTrack.us. S. 1173--110th Congress (2007): Freedom of Choice Act, GovTrack.us (database of federal legislation) (accessed Oct 21, 2008).

Section 4(b) of the statute is the teeth of the proposed law. If enacted, it will empower groups such as Planned Parenthood and the ACLU to bring civil suits against towns, counties, State Agencies, and States that "interfere" or "discriminate" with the "right to terminate" a pregnancy. Here is the actionable text of the law.

Prohibition of Interference-

A government may not--

(1) deny or interfere with a woman's right to choose--

. . . .

(B) to terminate a pregnancy prior to viability; or

(C) to terminate a pregnancy after viability where termination is necessary to protect the life or health of the woman; or

(2) discriminate against the exercise of the rights set forth in paragraph (1) in the regulation or provision of benefits, facilities, services, or information.

(c) Civil Action- An individual aggrieved by a violation of this section may obtain appropriate relief (including relief against a government) in a civil action.

Thus, the Act proposes to unleash abortion rights advocacy groups and their attorneys against States that try to protect human life.

Under the FOCA law, abortion groups like Planned Parenthood would sue any State or State agency, or municipality, or county that attempts regulation of the abortion providers by requiring record keeping or reporting obligations. For example, full disclosure laws such as the requirement that abortion providers require clinics to advise potential victims of abortion of alternatives or require that they see an ultrasound of their baby, or allow them to hear the heartbeat, would face civil litigation. Notice that the proposed law specifically defines discrimination to include regulation of information. The law allows abortion clinics to withhold necessary information from potential abortion victims and deprives them of an opportunity to make a fully informed choice.

Similarly, State laws that require the full disclosure would be made unlawful by the Obama co-sponsored Freedom of Choice Act. State laws that seek to require parental notification would be made illegal. State laws that prohibit partial birth abortion or enhance protection of babies born alive who survive abortions would be stricken down as unlawful if the abortionist concludes the baby was not viable. Necessary regulation of abortion clinics shabby record keeping would constitute discrimination and would subject State regulatory agencies to litigation over discrimination. Subpoenas of abortion records would constitute discrimination and subject State law enforcement agenices to lawsuits by ACLU attorneys.

Even worse, because of existing statutes allowing such advocacy groups to recovery attorneys fees when they prevail in such litigation, the States that seek to regulate (i.e., discrimiante against) the abortion industry will face severe economic punishment. Thus, the abortion advocacy attorneys would enrich themselves and fund their organizations. Their power to litigate against cash-strapped municipalities, counties and States would be enhanced by this proposed law.

The law also gives full discretion to the abortionist to decide the fate of a baby's "viability."

(3) VIABILITY- The term `viability' means that stage of pregnancy when, in the best medical judgment of the attending physician based on the particular medical facts of the case before the physician, there is a reasonable likelihood of the sustained survival of the fetus outside of the woman.

Therefore, the abortionist, who has a financiial incentive to execute with the procedure, has sole discretion to make the judgment call about when a baby is viable. State regulations which seek to protect life of the baby by imposing safeguards, would be seen as discriminatory and interfering.

Here is the promised clip of Senator Obama endorsing this new federal abortion law.