Look At the Shiny Object

But the federal restrictions did not stop there. Over the years, Congress has also legislated against access to abortion services for women in the military and Peace Corps, disabled women, residents of the District of Columbia, federal prisoners, and women covered by the Indian Health Service. Indeed, it could be argued that except for the legal right to an abortion, federal policies constitute the greatest abortion reduction program of all.

“Prior to 1996,” states the NNAF report, “legal immigrants and US citizens were equally eligible for Medicaid.” But the 1996 welfare reform law signed by President Clinton required a five-year waiting period before most new legal immigrants could even apply. Less than half of the states fill in the five-year gap with their own funds, and nine states permanently deny Medicaid coverage to non-citizen residents.

Defenders of abortion rights might legitimately worry that “conscience clauses” could also be said to have a venerable history. The original conscience clause legislation passed in 1973 in the wake of Roe states, according to the Congressional Research Service, that public officials may not require individuals or entities who receive certain public funds to perform abortion or sterilization procedures, or to make facilities or personnel available for the performance of such procedures, if such performance “would be contrary to [the individual or entity’s] religious beliefs or moral convictions.”

This provision has allowed even major medical facilities (such as Roman Catholic hospitals) to refuse to deal with abortions without jeopardizing their ability to receive public grants and contracts or affect their tax-exempt status. A new rule promulgated late in the Bush administration expanded and particularized the exemptions, stating that health workers may even refuse to provide information or advice regarding abortion. The Obama administration has rescinded the Bush rule, but says it plans to leave some kind “reasonable” exemptions in place.