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Next entry: Anti-choice extremists own the Republican party Previous entry: Responding to Deathers: attacking a conspiracy theory in its nascent stages

House raises taxes on people with health insurance, institutes death penalty for f*cking

The House just passed HR3, which was misnamed the No Taxpayer Funding For Abortion Act.  In reality, the law has nothing to do with taxpayer funding.  What it does is revokes the tax credit or deduction for health care for any individual or employer who purchases private insurance that covers abortion.  It also has an amendment allowing emergency rooms to turn away women who need life-saving care that could endanger the pregnancy or will require a termination.  Here's Nancy Pelosi explaining what's up:

The redefinition of rape to exclude raped teenage girls that was included in the bill and then taken out and then snuck back in has gotten most of the attention.  But there are two other aspects of HR3 that are even more frightening.  This is a radical piece of legislation, folks.

1) Lots more dead women. The legislators who wrote HR3 really, really like the idea of pregnant women paying for fucking with their lives.  The bill attacks the lives of pregnant women in two major ways.  First of all, the bill will force all insurance companies in the country to drop abortion coverage.  For women getting first trimester abortions of choice, this will be a burden, but since this is more of an attack on women who already have insurance, they're likely to be in a slightly better financial situation than the women who get screwed daily by the Hyde Amendment, and therefore more likely to be able to get the $500 together for an abortion.

Not so for women who are 20 weeks along, develop eclampsia or cancer, and need an abortion or they'll die.  That procedure can costs thousands of dollars, well out of the reach of many women who need it.  So they'd be screwed. 

More than that, you have the amendment to the bill that would allow hospitals to turn away women who need emergency terminations.  If you have an ectopic pregnancy, for instance, they would be able to turn you away. Some times women who miscarry don't miscarry all the way, and they need to get D&Cs at the hospital in order not to die of blood poisoning.  Hospitals would now be able to turn them away.

2) Drastic expansion of federal powers to control your money. The logic of HR3 is kind of complicated, but basically they're arguing that if you get a tax credit or deduction, all of your money---all of it---is "federal" funds, and the government can limit how you spend it. Right now, they're defining that narrowly to say they'll take your tax credit or deduction if you use your private funds to pay for abortion or for an insurance package that could cover abortion.  But there's no reason they have to stop there, as David Waldman explains:

Frankly, I'm not sure why, under this theory, individuals should even be eligible for federal tax deductions, credits, etc. if they make private purchases from such a targeted company. After all, all money being fungible, it could well be said that you're using "federal dollars" that are in your pocket by virtue of any tax deduction you take (whether related to health care or not) when you buy products from such a company, and that those "federal dollars" are going into the coffers of a company that uses them fungibly with the dollars they're using to pay for their health care plan.

So, they are opening a door to denying you the deductions and credits you take if you do things with your own money they don't like.  Situations like denying mortgage deductions if you use your home for purposes they don't like, or denying your charity deductions if they don't approve of the charities, or just taking away your standard deduction if you pay union dues, or denying you the right to claim your children if you spend money on educating them on things like the realities of global warming. The door is wide open here. 

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Posted by Amanda Marcotte on 05:34 PM • (45) Comments

Incidentally, regarding Pelosi, see this.

Comment #1: Phoenician in a time of Romans  on  05/04  at  06:28 PM

i think “paying for fucking with their lives” should have been “paying with their lives for fucking.”

Comment #2: cj  on  05/04  at  07:17 PM

Short Republican sentiment: Women?  Fuck ‘em.

Comment #3: Iam138  on  05/04  at  07:17 PM

16 Dems:

Altmire (4th Pa), Boren (2nd OK), Costello (12th IL), Critz (12th Pa), Cuellar (28th Tx), Donnelly (2nd In), Holden (17th Pa), Kaptur (9th Oh), Kildee (5th Mi), Lipinski (3rd IL), Matheson (2nd UT), McIntyre (7th NC), Peterson (7th Minn), Rahall (3rd WV), Ross (4th Ark), and Shuler (11th NC)

Comment #4: timotimo  on  05/04  at  07:22 PM

I could see this taken to the logical extension where women of childbearing age are simply prohibited from having any money in their possession since it’s money that could be used for an abortion.

Comment #5: DonnaDiva  on  05/04  at  07:39 PM

I just can’t fucking believe this.

It’s the Catholic hospital part that pisses me off especially.  Catholic hospitals should be allowed to kill women rather than save their lives by terminating a failed pregnancy.  FUCK THEM.  No religious order should be allowed to offer any public services unless they are capable of acting without discrimination.

If you run a HOSPITAL, you have to provide EMERGENCY MEDICAL CARE.  That means abortions.  That means EC.

As for being able to call all our money federal?  Does the Tea Party even have a clue about this?  That’s possibly more frightening than “wominz ain’t shit” part, since it totally decimates any concept of “free” market and makes all our money subject to the whims of our corporate overlords.

I’m just sick.  Women can just die, painfully and needlessly.

Comment #6: Caren-Sun-blocking Creator of Animorphic Pancakes  on  05/04  at  07:43 PM

So the part of this legislative act of genocide that’s getting all the attention isn’t even the scariest part - but it is getting attention.  Given that, what do we figure are the chances of it passing the Senate and getting signed into law?

Comment #7: Seraph  on  05/04  at  08:04 PM

Fucking Critz.

Comment #8: bomberE  on  05/04  at  08:14 PM

Another incidental point - the GOP primaries kick off with their first debate tomorrow.  Cry ‘Havoc’, and let slip the clowns of collapse!

Somebody had better ensure Amanda is kept sedated for the next few months.  She’s too talented (and purty) to let her fall victim to an aneurysm at her tender years.

Comment #9: Phoenician in a time of Romans  on  05/04  at  08:38 PM

As a person who works in this field (I do medical scheduling for a number of family planning and abortion clinics) I find the idea that this bill could lead private insurance companies to stop paying for abortions to be keep-you-up-at-night level horrifying.

You see, an abortion actually costs A LOT more than $500.  Remember that a woman paying that price is actually getting an untrasound, a set of labs and meds, a brief counseling session, a follow-up visit and A SURGERY and of course the outrageous cost of security inherent in doing this particular service.  Think about the itemized medical bills you have received from any other types of Dr’s offices and ask yourself if the cost of that appointment is really just $500.  Not even close.

Actually, when an insurance company pays for an abortion, they pay approximately double that (depending on a number of factors, or course).  Remember that 6 out of 10 abortion patients are NOT in poverty and that about 85% of private insurance plans currently cover abortion care.  Abortion clinics absorb a huge monetary loss every time they see a patient for $500, and they can afford to do it because of how often Blue Cross and Medica are paying $1200 for the very same service.  Now if every woman who was having her abortion paid for by insurance is suddenly moved over to the income based self-pay fee scale, the whole pricing structure as it is now will have to be drastically reworked in order for the clinics to just cover their expenses.  They can’t afford to do nothing but $500 procedures and very few self-pay patients can afford to pay what the insurance companies pay.  Self-pay prices will go up and A LOT more women will be paying for services themselves.

Taking away private insurance coverage for abortions would be a disaster for women of all income levels.  I think the Republicans know this.

Comment #10: GumbyAnne  on  05/04  at  08:39 PM

Refresh my memory - these are the same clowns who say that the individual mandate in the Affordable Care Act is an unconscionable infringement of liberty, right?  But it is not an infringement of liberty to potentially deny you the right to buy a health plan that covers abortion if you also happen to have a mortgage and claim the mortgage interest as a deduction?

Comment #11: jeevmon  on  05/04  at  08:47 PM

@jeevmom: It’s wrong to fine someone for not having health insurance, but right to fine them for having the wrong kind of health insurance (i.e. the kind that covers women).

This is unlikely to pass the senate in its current form, and the white house has already said it will be vetoed, but that probably means some kind of godawful “compromise” is probably in the works (or maybe not, since nothing happens if this bill dies, unlike, say, budget or debt limit). So it’s really as much about expressing hate for sexually active women and hoping they’ll die poor as it is any actual policy plans.

Comment #12: paul  on  05/04  at  09:04 PM

The logic of HR3 is kind of complicated, but basically they’re arguing that if you get a tax credit or deduction, all of your money—-all of it—-is “federal” funds, and the government can limit how you spend it.

In case there was any doubt, they’re arguing it’s “federal funds” if, and only if, you happen to be a pregnant woman who needs/wants an abortion. For everybody else the argument is the exact opposite. Like so:

From a recent 5-to-4 decision involving an Arizona program that allows individuals to keep $500 of income that they might owe the state if they give that money to groups that provide private-school scholarships for needy children (the decision was on the question of whether a group of taxpayers had legal standing to challenge the state program because some money flows to religious schools), Kennedy writing for the court’s majority:

“When Arizona taxpayers choose to contribute [to a school tuition group], they spend their own money,” the ruling stated. A taxpayer whose dollars are spent by the state to support a religion does indeed have a right to challenge the use of that tax money. But a tax credit, Kennedy wrote, “is not tantamount to a religious tax or tithe. ”In fact, money can only be government property if it comes “into the tax collector’s hands.”
Under the Arizona program, the contributions to the scholarship organizations result from a decision by “private taxpayers regarding their own funds” and “in accordance with their own consciences,” he stated.
(emphasis mine)

 

Comment #13: ema  on  05/04  at  09:06 PM

What sick, ghastly fucks.

Comment #14: D.N. Nation  on  05/04  at  09:08 PM

And they still have the audacity to pretend that they care about life and want smaller government.

Comment #15: bananacat  on  05/04  at  09:39 PM

“Refresh my memory - these are the same clowns who say that the individual mandate in the Affordable Care Act is an unconscionable infringement of liberty, right?”

Of course, the individual mandate is the single most egregious infringement on liberty in these United States, ever!  It’s grinding the boot of socialism into the face of every American!  If the individual mandate is allowed to stand then this country is over.  Stick a fork in us ‘cause we’re done!  Say goodnight Gracie!  Whoever is the last one to leave, please turn out the lights!

“But it is not an infringement of liberty to potentially deny you the right to buy a health plan that covers abortion if you also happen to have a mortgage and claim the mortgage interest as a deduction?”

That’s right!  If you’re old enough to make decisions on which health plan to buy, then you’re already born.  Life begins at ejaculation, and ends at birth.  So naturally, if you’re already born, you have no right to life, liberty, freedom, democracy, privacy or anything else.  Your job is to do as your told and keep your mouth shut.  And if you have a uterus in working condition, it damn well better be occupied with a future soldier for the Fatherland.

And, yes, this is perfectly consistent, as Roberts, Scalia, Alito, Thomas, and Kennedy will explain to us all in some future Supreme Court decision.

Remember, it’s because of all this that America is God’s own nation on earth, and the last, best hope for mankind!...

Comment #16: MikeEss  on  05/04  at  10:02 PM

It also has an amendment allowing emergency rooms to turn away women who need life-saving care that could endanger the pregnancy or will require a termination.

Sorry, could you just point out which section of the bill states this? I’ve read the full text of both versions of the bill, and the only thing I can find which seems remotely relevant is section 309 (“Treatment of abortions related to rape, incest, or preserving the life of the mother”), but that says that the limitations of the first four sections (prohibiting federal monies from paying for abortions, or going to health plans which cover abortions, prohibiting tax benefits relating to abortions, and prohibiting government health care facilities or physicians to perform abortions) do not apply in cases of rape, incest, or where an abortion is necessary to save the life of the mother.

In other words, this bill does permit the use of federal funds for abortions, and does permit government facilities/physicians to perform abortions, in the case of rape, incest, or life-saving care. I don’t see anything about “allowing emergency rooms to turn away women who need life-saving care that could endanger the pregnancy or will require a termination.” But if I’ve overlooked it, please do point out where it is (a direct quote would be very nice).  For that matter, the more recent version of the bill [H.R.3.RH] removes once again the “forcible rape” weasel words, and removes the limitation of incest to minors.

It’s still a disgusting, evil bill, and it needs to be defeated - but unless I’m somehow looking at a completely different bill with the same number and name, or have completely overlooked the section you’re talking about, you’ve very badly mischaracterized part of it.

Comment #17: John Small Berries  on  05/04  at  10:45 PM

Don’t be so silly, Amanda. The Tea Party wave is LIBERTARIAN inspired! All they want is freedom! Those silly culture war issues are totally over, just like racism.

Comment #18: alysia  on  05/04  at  10:47 PM

Piator, fear not for my health.  While trying to keep up with all this is exhausting in theory, in practice I tend to have an efficient adrenaline system and increased conflict just gives me more energy.  If they actually get this bill through the Senate, I’ll probably be living on 4 hours of sleep a night.

Comment #19: Amanda Marcotte  on  05/04  at  10:48 PM

Not so for women who are 20 weeks along, develop eclampsia or cancer, and need an abortion or they’ll die.

Well, a woman with child needs to be a sacred vessel—if she’s engaged in slutty or uppity behavior, she is unworthy to give life and God is well within his rights to smite her.  Who are medical professionals to interfere?

Comment #20: Sour Kraut  on  05/04  at  11:11 PM

Goddamned Marcy Kaptur.  I just fired off a very angry (but polite and correctly spelled) email to her office and she’ll be getting an irate phone call tomorrow.  I don’t know why I’m always so surprised by her votes on these things, since she’s pretty consistently anti-choice, but she’s pretty good on most other things and I guess I thought that this would be too low and evil even for her.

Comment #21: ks  on  05/04  at  11:25 PM

@17—yeah, I read it the same way.  The legislators who cooked up this awful bill went out of their way to say it’s okay to treat a patient suffering from abortion complications, even though it’s terribly important that taxpayers not pay for abortion, yum.  I think Amanda was saying what Pelosi had said, but I too don’t see that bit of extra nastiness in the Act.

Comment #22: Unree  on  05/05  at  12:32 AM

Piator, fear not for my health.  While trying to keep up with all this is exhausting in theory, in practice I tend to have an efficient adrenaline system and increased conflict just gives me more energy.

I hate you so very very much right now.

- Phoenician in a time of sleep deprivation

Comment #23: Phoenician in a time of Romans  on  05/05  at  12:40 AM

The anti-libertarians have taken over the GOP—imagine thinking that the money the feds let you keep is somehow government funds? You can’t get any more “statist” than that.

Comment #24: Hector B.  on  05/05  at  01:06 AM

Fuck these fucking fucks.  That’s the only reaction I have left anymore.

Comment #25: thewhatfor  on  05/05  at  01:46 AM

Well ema, that may be the case with the AZ law, but Indiana (fuckin’ Midget Mitch) has gone to vouchers.  My tax dollars can’t go to fund abortions because some anti-choicer objects, , but the state can send my tax dollars via a voucher to a private Catholic pedophile factory which can then use those fungible $ to fund anti-choice legislation -  precedent is gonna be a bitch if they ever get this passed (doubtful) and through the legal challenges where it will hopefully have a massive head on collision with the voucher challenges.

Comment #26: phylosopher  on  05/05  at  02:30 AM

MichaelEss!!! STOP THAT OR YOUR BRAIN WILL STICK THAT WAY!!!!!

Comment #27: phylosopher  on  05/05  at  02:32 AM

JOhn and Unree, I believe it isn’t in the bill, but in some “intent clarifier” that is used to answer questions about intent of the legislators should it ever be challenged.

Not sure if/where that is available.

Comment #28: phylosopher  on  05/05  at  02:36 AM

I think we are referring to the protections listed in section 311: “(a) Nondiscrimination- A Federal agency or program, and any State or local government that receives Federal financial assistance (either directly or indirectly), may not subject any individual or institutional health care entity to discrimination on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions.”

(pulled from here: http://clerk.house.gov/legislative/legvotes.aspx)

Obviously, what kind of discrimination are we talking about? Perhaps the kind wherein a family sues for a Catholic ER saying “oh, nope, sorry about how you needed that D&C to not die but we couldn’t be 100% sure it wouldn’t involve a loss of fetal life so we decided not to do it AND not refer you to someone who would!” but that case may not go forward, because that would be discriminating against the facility for not providing that service.

Comment #29: Tenya  on  05/05  at  07:37 AM

So Republicans agree with Democrats that tax breaks equals “giving” money to companies, but only when the company specializes in health insurance and covers abortion.

Comment #30: Lesly  on  05/05  at  09:39 AM

@anoNY2

And yet it’s always the republicans who do this, put there in part by the libertarians who always vote for them.

Comment #31: Egnu Cledge  on  05/05  at  11:00 AM

“I just have to point out that libertarians have been talking about this slippery slope all along, and have been ridiculed by progressives for it.”

Yeah!  How dare we express doubts that Ayn Rand’s desired hellscape greed-is-good world is better than anything else, evah!

“Basically, you big government types…”

...um, not “big government”, but “efficient government”...

”...need to get it into your heads that the power you give Democrats will eventually be wielded by Republicans (and vice versa for you big security conservatives out there)...”

Absolutely true, and one of the fears I (and many people I know) had when congress gave Bush/Cheney a blank check after 9/11.  As expected by many of us, Obama has made only token efforts to hack down the “Homeland Security”/“Patriot Act” seizures of power by the government.  All that power is irresistible to the power-hungry, and sooner or later it gets used, as sure as the sun will rise tomorrow.

But tell, Oh Wise Follower of Libertarian Belief, what does any of that have to do with making sure Paris Hilton and Donald Trump never pay a penny in taxes, while ensuring not one penny ever goes to a poor, jobless, hungry, cold, mooching leach bottom-rung-er, which seems to drive modern-day “libertarians”?...

Comment #32: MikeEss  on  05/05  at  11:55 AM

So. let’s see, if a tax deduction is government support then that means the federal government supports churches and other religious organizations. This is illegal and so, by Republican’s logic, must be ended. Also by this logic, since money is fungible, any support for religious organizations has to end (so all those faith based groups). Why do Republicans hate religion so much?

Comment #33: JohnL  on  05/05  at  12:23 PM

@phylosopher #28: So this secretive “intent clarifier” can say pretty much the exact opposite of the actual language of the bill, and overrides what actually gets voted on and (hopefully not) passed into law?

That seems to go further even than Presidential signing statements, wherein Bush and Obama have declared their intent to not be bound by certain laws. I’m not accusing you of lying, but the longer I’ve paid attention to politics, the more I’ve realized how crucial it is to verify outrageous claims before believing them; can you point me to any authoritative source (such as the house.gov website) which details the use of the “intent clarifiers” you speak of?

Comment #34: John Small Berries  on  05/05  at  03:20 PM

Our local hospital already has signs at the entrance stating they will not give care to women in labor if they don’t have insurance.  If you’re at that hospital, the next nearest one is forty miles north through a mountain pass.

How can this be legal?

Our state has gone from 10 in 100,000 maternal deaths ten years ago in the last recession to 14 in 100,000 at the cusp of this one.

Why?

Comment #35: Crissa  on  05/05  at  04:03 PM

John S.B.,

It’s very common for the courts, when interpreting law passed by Congress, to look to the Congressional Record for further clarification of the intent behind a given piece of legislation and for guidance of how that legislation should be be applied to any given case before the court.  The Congressional Record is not necessarily binding on how a court interprets Federal law, but it generally considered to be quite compelling and absent any other legal precedent to the contrary a court will likely default to what is stated in the CR.

Savvier politicians have now wised up to this reality and have been purposefully placing their preferred interpretation of pending legislation to the Congressional Record in order to influence how the courts will subsequently interpret and apply that law.  So even if this version of HR3 does not contain the language regarding eliminating Medicaid’s exception funding for abortion in cases of statutory rape the fact that the CR specifically spells this out to the contrary will likely result in a Judge determining that HR3 narrows the exception for Medicaid accordingly.

Comment #36: Lolagirl  on  05/05  at  04:06 PM

I wonder if JSB @ 35 has an example of Obama violating the letter of a law in a signing statement?

Comment #37: Crissa  on  05/05  at  04:09 PM

So…let me get this straight…
If all money we use is actually federal dollars, and people tithe money at church (etc), does that mean we can revoke all of their 501(c) statuses (statii?) for accepting federal dollars?

I’d make a comment about the obvious attempt to trample on my rights, but all I can construct right now is a string of expletives.
:resists the urge to punch things:

Comment #38: Bethistopheles  on  05/05  at  04:09 PM

It’s sort of like a legislative signing statement. If any facet of the bill come before the courts, this document is consulted to devine the intent of Congress. And even though the “forcible rape” language was removed from the bill, the signing document states that no federal funding will be allowed for statutory rape, so all those under-aged girls are out of luck…

http://motherjones.com/politics/2011/04/redefine-rape-hr-3-abortion-stealth

Comment #39: KMac  on  05/05  at  04:16 PM

Just wanted to further clarify JSB,

All of this business with the Congressional Record goes back to the type of legal system we have and how it functions.  I’ll try not to get too bogged down in Civil Pro 101 here, but assuming you aren’t already aware our Federal Court system is a common law one that looks to previously established precedent when intepreting Federal Law.  Normally this means that the courts will look to how other courts (generally in the same Judicial Circuit) have previously interpreted the law, but as I already touched on in my earlier post the courts will also look to what is stated in the Congressional Record for guidance on how a law should be interpreted.  I’ve personally spent hundreds of hours pouring over the CR when writing briefs submitted to the Federal Bar in various cases I’ve handled for further support of whatever argument I’m trying to make, that’s how the system is set up and how it works. 

Nobody here is lying or misinterpreting how this stuff works, but I don’t doubt that the average citizen has absolutely no clue or insight regarding how Federal Law is applied and interpreted by the court system.  As I already mentioned as well, it is becoming increasingly common for some legislators to try and game the system to some extent by slipping stuff into the CR that doesn’t naturally follow from the face of given legislation itself so that the courts will take that into account when interpreting it.  Technically, it’s all perfectly legal and acceptable.  Not saying it’s necessarily just or right, but it is what it is.

Comment #40: Lolagirl  on  05/05  at  05:06 PM

Paul @12, that’s just how they do it: 

1)  propose something utterly ridiculous with no hope of passing that’s twice as strong as what they wanted
2)  force a “compromise” to get what they actually wanted in the first place
3)  claim that they have met us halfway.

I mean, if step 1 works that’s just gravy, but even if it doesn’t, they get most of what they want.

I’ve seen this at work in everything from tax cuts and layoffs to pushing public-funded stadiums.  (“But if we don’t accept THIS solution right NOW the team will leave town!”).  Works like a charm and makes the Democrats feel like they’ve accomplished something bipartisan in “clawing back” what they’re actually just giving away.

Comment #41: Roving Thundercloud  on  05/05  at  06:07 PM

This is completely fucked. I hate these people. HATE them. Obviously, the feeling is mutual.

Also, OT, but… @Lolagirl… ‘I’ve personally spent hundreds of hours pouring over the CR…’ It’s actually ‘poring’ over.

pore 1 (pôr, pr)
intr.v. pored, por·ing, pores
1. To read or study carefully and attentively: pored over the classified ads in search of a new job.
2. To gaze intently; stare.
3. To meditate deeply; ponder: pored on the matter.

Spelling nazi, out.

Comment #42: Doctress Julia  on  05/05  at  07:45 PM

Is someone pretending there’s a difference between Libertarians and Republicans other than the myth they use to perpetuate the class and culture war?

Because that’s stupid.  It’s the same people with a different pretense.

Comment #43: Punditus Maximus  on  05/05  at  09:34 PM

John SB:
If you’re talking about the turning away of patients, it’s in Tenya’s comment #29. This is the language of the conscience clause that says an individual does not have to perform an abortion if it’s against their beliefs. Right now, any hospital that receives Medicare or Medicaid must provide emergency care to any patient (including an emergency abortion) or transfer them to a hospital if they can not. The language that Tenya quotes thus says that a hospital can not be discriminated against by the federal government or a state or any agency that receives federal money—so they can’t force a hospital to perform abortions even in an emergency and the hospital doesn’t have to refer them to a hospital that does.

Lolagirl was talking about the redefinition of rape. The original bill only allowed abortions for ‘forcible’ rape. That was taken out after an outcry, but the committee said that they believed the language in the bill still said that statutory rape would not be allowed. If a case is brought to a court (and it’s pretty obvious that one would if this passed), the courts will sometimes look at the committee language to find the intent of the bill and thus the committee is trying to disallow statutory rape being counted as rape for this bill.

Comment #44: JohnL  on  05/05  at  09:49 PM

Does anyone have a link to the legislative signing statement, from the Congressional Record or another source?  I’d like to read it.

Comment #45: Unree  on  05/06  at  03:38 PM
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