What Rules Us


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ABSTRACTWhat Rules Us - By Dorinda C. Bordlee & Nikolas T. Nikas & Mark Rienzi - Bench Memos - National Review Online Get FREE NRO Newsletters   Log In   |   Register Follow Us Everywhere         April 16 Issue  Subscribe to NR  Renew  April 16 Issue   |   Subscribe   |   Renew Home The Corner The Agenda Campaign Spot The Home Front Right Field Bench Memos The Feed Media Blog Critical Condition Larry Kudlow David Calling Exchequer Phi Beta Cons Planet Gore UK Between the Covers Radio Derb Tweet Tracker NR / Digital Subscribe: NR Subscribe: NR / Digital Give: NR / Digital NR Renewals & Changes Shop! Donate Media Kit Contact Close To: Your Email: Your Name: Subject: McCarthy: Obama Funds the Egyptian Government Steyn: Our Contemptuous President Cooke: Why a Constitution? Sorock& Miniter: What Do Women Want? Costa: Mitt Romney’s Keystone State Interview: The Shadow War Goldberg: Very Few of the Above Murdock: Obama’s Laughable Energy Policy Malkin: Marion Barry Sets Himself Up Lowry: When Redemption Is Real Charen: Junk the Nobel Peace Prize? Lott: Defending Fiscal Insanity Krauthammer: Obama v. SCOTUS Berlau: A Breather from Regulations Floyd: A Thousand Cuts Keune: Save the Sand-Dune Lizard? Bryce: It’s Not ‘All of the Above’ After All Weigel: Benedict XVI in Cuba Trinko: Mitt Romney, Underdog? Lindsay: Texas’s $10,000 Degree New on NRO . . . Bench Memos NRO’s home for judicial news and analysis. About This Blog Archive E-Mail RSS Send Print   |  Text   What Rules Us By  Dorinda C. Bordlee ,  Nikolas T. Nikas  &  Mark Rienzi March 27, 2012 8:14 A.M. Comments 0 Today’s oral arguments on the individual mandate at the Supreme Court may be the beginning of the end of Obamacare. But even if Obamacare survives the Commerce Clause challenge brought by 26 states, this fight is far from over. That’s because if the Act is allowed to go into effect, new mandates finalized by Health and Human Services Secretary Kathleen Sebelius just a couple of weeks ago may well doom Obamacare in subsequent court challenges under the Free Exercise Clause of the First Amendment. And as we explain below, the dirty little secret of this unconstitutional scheme is that Planned Parenthood, the nation’s largest abortion provider, will be one of the biggest beneficiaries of your private insurance dollars. Presidential hopefuls would do well to take heed of the messaging opportunity. The little known mandate we highlight here is distinct from the so-called contraceptive rule that has dominated in the news. No, we write today about yet another HHS rule finalized under Obamacare — one that deals with plain old elective abortion; not the abortifacient drugs covered by the so-called contraceptive mandate, but rather the surgical and chemical kind of abortion legalized by  Roe v. Wade .  Finalized on March 12, 2012 (and set to go into effect with the 2014 exchanges), the new HHS rule implements Section 1303 of the “Patient Protection and Affordable Care Act.” The new rule imposes mandates on every single enrollee in a qualified health plan that happens to include abortion coverage. In particular, federal law will soon mandate that every single individual enrolled in such a plan make payments to a private fund designated solely to the payment of abortion. This scheme allows Obamacare to get around the controversial issue of  government -funded abortions with a new funding source: mandatory private payments by you, the insured. Here’s how it works. The new rule authorizes issuers to offer abortion coverage as part of their plans in the government-subsidized exchanges. For issuers that voluntarily include abortion coverage as part of their health plans, the new HHS rule mandates the private insurer to compel all enrollees to directly pay a separate abortion premium “without regard to the enrollee’s age, sex or family status.” Not surprisingly, the abortion premium also must be paid without regard to whether the individual has a religious or moral objection to funding other people’s abortions. The new rule specifies that the abortion premium must be separately itemized on each enrollee’s bill or payroll deduction. The Obama administration’s new rule then directs the issuer to place the abortion premiums into “allocation accounts” to be used “exclusively” to pay for other people’s elective abortion. It’s astounding. It’s also a violation of religious liberty for the reasons set forth in the friend-of-the-court brief that we recently filed to aid the Supreme Court in its review of Obamacare’s individual mandate.    So, if you want to avoid abortion premiums, you can simply pick an abortion-free plan, right? Well, the new HHS rule seems delib.......