Joe Biden is furious as Pro-Lifers fight back against his abortion policies that violate federal law

Luke Anscombe, CC BY 2.0 , via Wikimedia Commons

The Democrats will do anything to do the abortion lobby’s dirty work.

But now Joe Biden is furious as Pro-Lifers fight back against his abortion policies that violate federal law.

Two recently instituted Biden Administration abortion provisions have raised the likelihood of several legal challenges.

Taxpayers being forced to fund abortions

The issue is a number of Biden administration actions that most legal experts say violate the decades-old Hyde Amendment that outlaws federal funding for most abortion procedures.

Under Joe Biden, both the U.S. Department of Justice and the Department of Veterans Affairs instituted new policies offering abortion coverage for employees and veterans, respectively. 

The Department of Justice said it would cover travel expenses for servicewomen who seek abortions but are in states that ban most abortions.

The DOJ promised back in February that they would offer to cover “travel allowances for non-covered reproductive health care.”

And the Department of Veterans Affairs also recently put a rule in place allowing VA employees “access to abortion counseling and — in certain cases — abortions to pregnant Veterans and VA beneficiaries.” 

The DOJ and the VA’s new policies were instituted in the wake of last June’s Supreme Court Dobbs decision, which repealed Roe v. Wade.

But the rules have generated a firestorm of controversy and significant blowback in Congress.

Holding the line and holding up promotions 

In the U.S. Senate, Alabama Republican Senator Tommy Tuberville has blocked hundreds of military promotions to protest the DOJ’s policy.

Tuberville says he will not relent until the Biden administration ends the illegal taxpayer funding for military abortions.

In response, the Biden administration has canceled the moves of the U.S. Space Command from Colorado to Huntsville, AL.

But political questions aside, it is also very likely the new abortion rules violate the Hyde Amendment.

The Hyde Amendment is a longstanding provision in federal law that prohibits the federal government from using taxpayer dollars to fund abortion.

Named for the former Illinois Republican Congressman Henry Hyde, the provision’s chief sponsor, the law was passed in 1976 and outlaws federal abortion funding except in cases of rape, incest, or life of the mother.

Mary Ziegler, professor of law at the University of California-Davis School of Law, told CNA there’s “definitely a plausible argument under the Hyde Amendment” that the rules violate federal law. 

“I don’t know if it will work,” she said. “But it’s not a completely ridiculous argument.” A conservative shift in federal judges in recent years, she said, means federal courts “would not be an unfriendly place to make that sort of argument.”

Ziegler also said challengers to the abortion policy could argue that money is ultimately “fungible” or interchangeable within intra-department budgets. 

Taxpayer funding of travel for abortion, she said, could mean “you’re in effect subsidizing abortion, and that’s disallowed under the Hyde Amendment except for the exceptions.”

The Hyde Amendment has regularly been at the center of contentious debates over abortion funding in the decades since its passage. 

The measure survived a 1980 Supreme Court challenge, but in 2017 when Republicans tried to make the rule a permanent part of federal law, their effort failed. 

Now it looks as if the Hyde Amendment will be at the forefront again as Pro-Life members of Congress and Pro-Life organizations prepare to fight back against Joe Biden’s actions. 

Pro-Life Press will keep you up-to-date on any developments to this ongoing story.