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How FOCA Will Spell the End of the Universe

Yes, this is another column on the Freedom of Choice Act. (FOCA) This week finds an article in Slate by Melinda Helleberger getting all sorts of folks – including friends of mine – up in arms over the prospect of FOCA being passed by the strengthened Democratic majority in Congress and immediately signed into law (as promised) by then President Barack Obama. What do they foresee as the possible net result of this? Catholic hospitals around the country (comprising up to a third of all facilities) will simply take their ball and go home. (All emphasis in quoted sections of text to follow, mine.)

While there is strenuous debate among legal experts on the matter, many believe the act would invalidate the freedom-of-conscience laws on the books in 46 states. These are the laws that allow Catholic hospitals and health providers that receive public funds through Medicaid and Medicare to opt out of performing abortions. Without public funds, these health centers couldn’t stay open; if forced to do abortions, they would sooner close their doors.

Ed Morrissey, at Hot Air, carries these dire portents to their logical (?) conclusion.

As Henneberger notes, these facilities aren’t in overserved areas, either. Catholic facilities tend to be in places other for-profit clinics and hospitals avoid. The sudden disappearance of these clinics and hospitals would leave millions of people with much fewer choices in medical attention, or none at all.

(Cue the ominous music.) One hardly knows where to begin with this. First of all, Catholic hospitals are hardly homogeneous, just as Catholics themselves – who chose Obama by nine points on Nov. 4 – and even the Bishops are not. In fact, if you take a look at this study you will find that a number of Catholic hospitals are already performing abortions without anyone forcing them to. The idea that 1/3 of the country’s hospitals would suddenly shut down if FOCA is passed seems a bit of a stretch, frankly.

And would they actually choose to do this? Would they want to shut down, as Ed points out, some of the only medical care available in some areas? This, of course, would also entail employment considerations as well. They would need to “charitably” send all of the doctors, nurses, research scientists, and everyone else right down the line to the janitors and secretaries, packing out into the streets. Then again, perhaps this isn’t beyond the scope of some advocates. From the original Slate article:

The bishops are not bluffing when they say they’d turn out the lights rather than comply. Nor is Auxiliary Bishop Robert Hermann of St. Louis exaggerating, I don’t think, in vowing that “any one of us would consider it a privilege to die tomorrow—to die tomorrow—to bring about the end of abortion.”

Hrmm… not only is Bishop Hermann willing to – I’m sorry… would be privileged to – die for the cause, perhaps he’s also willing to send his flock out into the streets as Christian Soldiers to die from any other medical emergencies they may encounter with no emergency services available close by. Well, well… very, ummm… Christian of you. But I suppose if it prevents one abortion from taking place, it was well worth the cost. One can’t help but wonder, though, if all the other residents of the community – including the non-Catholics – will feel the same about their noble sacrifice.

This “issue” shows us once again how the most radical elements on both sides of the debate have brought us to the point where we can no longer have a rational discussion of the issue. I would just like to close with one thought for Kathryn Jean Lopez, linked above. The election is over. Your guy lost. It’s a bit late to run around trying to scare all of the voters with this type of bogeyman. And, as Hindrocket of Powerline never failed to remind us after the 2002 and 2004 election cycles, elections have consequences. This is still a country playing the game by the old majority rules guidelines, and the majority made a choice where this may be something that comes to pass. It’s time to move forward and work within the system we have rather than trying to incite the hyper-devotional masses into the streets using a wedge like this to promote the politics of division.

  • Jazz, do you accept that FOCA is a product of, and implements as federal policy (constitutionally vel non) the "most radical elements" of one side of the debate?
  • I don't know if I'd include the word "most" as I've seen worse, but I would say it's pretty far out on the beam to one side, yes. Why do you ask?
  • Because if you didn't accept that, it would imply that your perspective is so skewed as to undermine much of your post.
  • Fair enough. :-)
  • DLS
    Most of the radicalism is on the Left, not on the Right. (It extends beyond abortion as a holy right to protection of judicial activism.) We're going to see more stirrings of the farther Left not only with the example Jazz has provided, but with environmentalism and "global warming" (or to use a preferred phrase by many nowadays, "climate change") as the claimed "justification" [sic] and "rationale" [sic] for self-crippling and deliberate retardation and regression of progess and of the economy, as well as other pet far-left causes, by "progressives" seeing an opportunity and even demanding a payoff for their support (which includes "Card Check," which has been addressed elsewhere), if Obama neglects to seek (true) moderation. Fortunately, so far, with the economy, he seems to be acting in a more (relatively) moderate way, employing the "Wall Street Left" for economic policy, getting GAO people to go over to OMB (Orszag, a lib 'n' Dem bean counter, a lefty David Stockman Plus, who has GAO reports and other data to support his positions or approval or disapproval of what the new administration might seek with the budget, is a good choice).

    In this case, the far Left has wanted to use abortion here as a political weapon, especially against one of its favorite objects of hate, and they may well get their way.

    If the legislation were to be honestly named, it would at least be called (vaguely) the "Abortion Rights Act" or (more accurately) the "Abortion [Rights] Defense Act" or "Abortion Rights Protection Act" or "Abortion [Rights] Extension Act" but as usual, cowardice and dishonesty prevail.

    The object of the Act itself, probably will be met, because with federal money it's legitimate to expect federal controls. This isn't a disgraceful case of peversion as with federal highway funds (so many things having nothing to do with highway construction or maintenance must be done to get federal highway funds) but addresses a medical issue directly, associated with federal medical money.

    And I'll remind other readers once again, once Medicare for All is pushed, abortion will surface. (The smarter people on both sides of this Act know this already and in fact this may influence their responses and actions we'll see next year.)
  • Marlowecan
    Jazz has an excellent post here . . . particularly because of his observation that "a number of Catholic hospitals are already performing abortions without anyone forcing them to".

    FOCA is not yet a lightning rod in the Culture Wars.

    But the passage of FOCA would be analogous to the Mayor of San Fran a few years back authorizing gay marriages on his own authority.
    I am one of those who believe that . . . had the issue of gay marriage been moved more carefully . . . more and more states would be quietly legalizing gay marriage instead of enacting constitutional bans against it.

    But if one raises an abolutist flag, then one encourages one's opponents to do the same.
    Catholic hosptial administrations...especially those linked closely with orders or clergy...would have to close. . . . or else the government would have to take them over.
    No way for clergy or orders to escape church edict.

    This would be a political nightmare.
    (Thus, I rather suspect Rahm Emmanuel will make sure this never reaches Obama's desk).

    Beyond FOCA, of course, this also raises what will become a more and more compelling aspect of the Obama Administration:
    As President, Obama can no longer continue to be all things to all people . . . so who is going to be tossed over the side (or under the bus, if you will)?

    Will the Kossacks go first? Or will the pro-Obama Catholics?
  • See my previous post on Card Check. It's a scam. The federal highway funds issue you raise is another perfectly legitimate target for criticism. FOCA... eh. It's been a football forever and is a wedge issue that will apparently never go away. We'll find out in two or four years exactly how upset people are about it, assuming it sees the light of day. As Morrissey points out, it's really not a given at this point that Congress will be able to get it to Obama's desk in its current form. There will be blue dogs to overcome and a lot of the RINOs were already driven out who might have made up the gap for the Dems.
  • There is no other area of medical practice in which one citizen can be forced to undergo or not to undergo any legal medical procedure of her choice.

    At the heart of the choice issue is this: There are over a hundred reasons why a fetus may fail to become a citizen (be born alive and survive). Many pregnancies fail. The concept that an actual citizen's rights should be subservient to the rights of a potential citizen is an extreme view. SimonDodd, that represents "the most radical element" of one side of the debate. It is YOUR opinion that protecting the right of a woman to make this decision is "radical". Truth is, the opposite is true.

    Follow the logic. If a woman must sacrifice her right to medical care to protect a fetus, why could she not be forced to stop chemotherapy or any other procedure that is important to HER life but may be risky for the potential life within her? In fact, Simon, why could YOU not be forced to give a kidney to save another American citizen? The inconvenient fact of this entire issue is that citizens have the right to "life, liberty and the pursuit of happiness". They cannot be forced to give up any for the sake of another citizen, let alone a "potential citizen."
  • "There will be blue dogs to overcome and a lot of the RINOs were already driven out who might have made up the gap for the Dems."

    I see no reason to think that the blue dogs will post a substantial obstacle. When the votes of the blue dogs (or any subset of them) are not needed, they will be free to vote as they please. When their votes are needed, immense pressure will be brought to bear on them, and it is entirely foreseeable that they will buckle when one considers their incentives.

    Why? Well, consider a board member faced with a situation where he must anger the corporation's managers or risk angering shareholders will choose the former, because the managers are a direct and actual threat to their fortunes, while the latter can post a greater threat but are less likely to use it. This response is rational because managers are concentrated and strong while investors are dispersed and weak. See generally Adolf Berle & Gardiner Means, The Modern Corporation and Private Property (1932). Similarly, the people with the most direct say over the blue dog's day-to-day comfort and chances of advancement are his colleagues and leaders in Congress, who are concentrated and strong, whereas voters, like investors, are dispersed and weak. This would already incline the blue dog towards compliance, and it is bolstered by practical political realities: the advantages of incumbency even further limit the pull of voters vs. that of the leadership, and the threat to running afoul of liberal pressure groups increases the pull of compliance vs. the threat of the voters.

    All of this adds up, it seems to me, to a cost-benefit analysis that eliminates any threat from the blue dogs, assuming that the leadership is smart in picking its battles and deciding where to apply pressure.
  • Sorry, pose a substantial obstacle, not "post."
  • lurxst
    Do Catholic Healthcare Groups only hire Catholic staff to provide all the services in their buildings? Conscientious objector laws for medical practitioners are ridiculous to begin with. There is a logical path for the objectors, its called "go into another profession".

    I am a house painter, but I object to the use of the color taupe. I will not paint your house that color. I drive a trash truck but I won't pick up containers that have used milk cartons in them, for I object to the cruel treatment of dairy animals. I run a seafood restaurant but I will not serve shrimp because of a verse in Leviticus that deems them an abomination.(though tasty with lemon and cocktail sauce).

    I do not know where in the bloody, fraticidal and murderous passages of the bible the church has found the basis for their healthcare mission but I believe that money will trump all things in the end. Threats of healthcare blackmail are empty.
  • Marlow, I think it's an example of the "either/or fallacy" to assert that either Catholic hospitals would close or would need to be nationalized. In most cases, especially those in which it is the only available hospital, I predict Humana or another for-profit hospital would be glad to step into that no-competition market. The church might even see a bidding war to buy the more successful of its hospitals.
  • DLS, your zeal to demonize "the Left" is tiresome. Many of us who support medical choice for women do so on a rational, libertarian and ethical basis, not in any way to "use it" as a weapon in the culture wars.

    No one has yet commented on the purely rational discussion of citizen rights vs. potential citizen rights I have mentioned here many times (and repeated above). We're talking about forcing a citizen to have, or not to have a procedure that affects her life and health. On what conceivable basis, other than religion, can you justify elevating the rights of an unborn and potentially nonviable fetus above that of a living adult citizen?
  • GeorgeSorwell
    My favorite line from this piece of, um, news analysis was this:

    While there is strenuous debate among legal experts on the matter, many believe the act would invalidate the freedom-of-conscience laws on the books in 46 states.


    I highlighted the weasel words of this sentence, buried midway through the fifth paragraph: an admission that it's all a bunch of bull.
  • thecork
    Hey Jazz, is there any way you could be MORE dismissive of Catholics? I mean, you should sprinkle some "small minded bigots" phrases in there. It would solidify the tone of your article. Or maybe, "we don't need their votes anymore", and "won't they be surprised what they voted for?"

    On a more serious note, can you explain to me how this argument:: "rmm… not only is Bishop Hermann willing to - I’m sorry… would be privileged to - die for the cause, perhaps he’s also willing to send his flock out into the streets as Christian Soldiers to die from any other medical emergencies they may encounter with no emergency services available close by. Well, well… very, ummm… Christian of you.

    ...how would that argument be any different if Obama was demanding that medical professionals were required to prostrate themselves and worship him in order to work? It seems like that argument would work fine for that instance too.

    I only say that because that argument sounded so very familiar, similar to others I've heard, especially if you are familiar with the Roman Empire during the Christian persecution. Sometimes a hard line must be drawn. I think that's why "freedom" was considered such an important concept in the founding of this country. Seems rather quaint and out of fashion anymore, I know, but there it is.
  • thecork
    Greendreams, any bishop that is willing to close a hospital won't sell it. The council has agreed on the tactic of demolishing the buildings and selling the land. Any other course would be material cooperation in evil... making abortion easier by selling a hospital.

    Even bulldozing the hospitals will save the Church money. These are not money-makers and are often the hospitals most willing to serve the poor. See, the destruction of the hospitals will be a win/win! The Church can keep from turning their hospitals into charnal houses AND save money!

    And Jazz, any Catholic-founded hospital that performs abortions is no longer controlled by the Catholic Church in any way. In that case it is a secularized hospital with "St." in the name. I only say that because any bishop in control of a hospital that performed abortions would be transferred to the non-existent diocese of Parthenia. It disappeared in the sands of the Sahara in the 5th century. Especially under the current Pope.
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