Federal Government's Position On Indiana Abortion Funding Law Contradictory

The U.S. Department of Health & Human Services has sent the administrator of Indiana's Medicaid program a letter advising it that a new law signed by Gov. Mitch Daniels that bars funding to family planning clinics and facilities that provide abortion services violated federal Medicaid law and has threatened to cut off billions of Medicaid dollars that flow into the state budget each year. From the Star:

An HHS official would not comment on what might happen if Indiana does not change its law, though one possible ramification would be withholding funding.

Indiana relies on about $4 million in federal Medicaid family-planning funds and more than $4 billion in total Medicaid dollars.

The state Family and Social Services Administration -- caught between state and federal law -- said it would seek guidance from Indiana Attorney General Greg Zoeller.

"For now, our lawyers advise us that we must continue to follow the law the Indiana General Assembly passed," said FSSA spokesman Marcus Barlow.

Zoeller spokesman Bryan Corbin said that the office is working with FSSA to determine its options, "but we will continue to defend the statute."

Gov. Mitch Daniels, who signed the bill into law, declined to comment Wednesday.

The ACLU of Indiana has already gone to the federal district court of Southern Indiana seeking to block enforcement of the new state law. A federal judge denied the ACLU's request for a temporary injunction against enforcement of the law, holding that the affected parties would suffer no immediate, irreparable injury if enforcement of the new law was not blocked because women seeking abortions still had other options for obtaining abortions in Indiana. The threat of a cutoff of federal funding is no doubt intended to bolster the ACLU's case in the federal district court, which is scheduled to hold a hearing in the case next week.

The federal government's position seems to contradict existing federal law. The annual appropriation for the Department of Human Services' budget has contained a rider known as the Hyde Amendment that prohibits expenditure of federal dollars on abortions since 1976. Federal employees and military personnel are required to pay for abortions out-of-pocket. And Obama's new health care law includes a ban on the expenditure of any federal funds for any health insurance plan that includes coverage for abortions. It's not like there is anything in this law that is inconsistent with current federal law. States have always had the right to fund abortion services out of their own funds, and a number of states do fund them despite the Hyde Amendment. Federal law has consistently barred use of federal funds for abortions for more than 35 years.

Congressman Says Women May Accuse Partners Of Rape To Obtain Tax-Funded Abortions

A lawmaker during a discussion of legislation pertaining to abortion has suggested some women may falsely accuse their sex partners of raping them in order to get tax-funded abortions. No, I'm not talking about Indiana's leading anti-abortion legislator, Rep. Eric Turner, whose comments went viral on the Internet earlier this week when he suggested women may fabricate claims they were raped or the victims of incest in order to obtain a late-term abortion. The comments this time were made by a Democratic member of Congress. U.S. Rep. Ron Kind (D-WI) worried about the "unintended consequences" of legislation that would prevent a number of federal tax credits and tax deductions from being used for abortion, or for health plans that cover abortion, but contains exceptions for abortions sought in cases of rape, incest, or to save the life of the mother. Rep. Kind worried the legislation was "almost encouraging low-income women, that would have this benefit denied from them, to file false claims of rape — whether it’s against a boyfriend, whether it’s against an acquaintance, perhaps even a husband — in order to avoid, you know, the consequences that this legislation, the financial consequences that this legislation would bring." I'm guessing all of the Lefties who expressed outrage at Rep. Turner's comments won't have much to say about Rep. Kind's comments.

The National Right to Life Committee noted the hypocrisy of the argument made by Rep. Kind, a supporter of tax-funded abortions on demand, in opposition to the proposed federal legislation. "He seems to assume a high level of dishonesty and a low level of common sense among the low-income women to whom he refers, presumably including those residing in his own district," Douglas Johnson of NRLC said. "We think it would show more sincerity on Kind’s part if he just admitted that he wants to vote to please the pro-abortion activist groups that favor federal subsidies for elective abortion, and stop trying to hide behind ludicrous arguments like this one.” I also couldn't help but wonder if the organization would have problems with the legislation pushed here in Indiana by Rep. Turner, HB 1214, which would ban late-term abortions (20 weeks or more) without providing exceptions for rape or incest.

Rep. Eric Turner's Suggestion Women May Fabricate Rape Claims To Get Abortions Goes Viral On YouTube

House Assistant Republican Leader Eric Turner (R-Cicero) may now be regretting comments he made during a debate over an amendment to an anti-abortion bill in the House this week. Turner suggested women may fabricate rape or incest allegations as an excuse for obtaining an abortion after 20 weeks of pregnancy. Rep. Gail Riecken (D-Evansville) offered an amendment to HB 1210 to soften the impact of Turner's proposed law outlawing late-term abortions by making exceptions for cases where a woman became pregnant due to rape or incest. Turner's comments brought an emotional rebuke from Rep. Linda Lawson (D-Hammond), who formerly worked as a sex crimes investigator. House video of the exchange has been uploaded to YouTube and has now gone viral. The House voted down Riecken's amendment on a 42 to 54 vote.