Our Catholic president weighed in on a controversial new Texas law. To what is he bearing witness?
A controversial and rather odd Texas law goes into effect today. As described in news sources:
- The law bans abortions for which a fetal heartbeat can be detected. This typically happens at 6 weeks of fetal development - so early in the pregnancy that some mothers haven't even become aware they are pregnant
- The law forbids Texas officials from enforcing the new ban
- Instead, the law empowers private citizens to bring suit against those who provided the abortion. The mother is exempt from this liability
This is the same legislation which caused Democrats in the Texas legislature to flee the state earlier this summer in an attempt to delay or kill passage of the bill by the Republican majority.
Texas becomes the eighth state to pass a fetal heartbeat bill. When heartbeat bills had passed in the other states (Ohio, Georgia, Louisiana, Missouri, Alabama, Kentucky and South Carolina), pro-choice advocates sought and obtained court injunctions which prevented these laws from taking effect.
Pro-choice advocates also went to court to block the Texas law. However, an appeals court and the United States Supreme Court both declined to intervene - perhaps because of Texas's novel enforcement mechanism (private lawsuits rather than public enforcement). Separate legal challenges are proceeding through other courts, so it's possible that the Texas law may yet be enjoined. But at least for now, Texas's law holds the record in the Roe v Wade era for banning abortion at the earliest point in the fetus's development. Until today, the earliest point of development at which the Supreme Court has permitted statewide bans to take effect is the point of fetal viability, generally around week 24.
Even though the law in question is not a federal law, President Biden has weighed in:
In one sense, there is nothing very remarkable about the president's statement. He says what we would expect any Democratic president to say - in fact, what any Democratic president must say if he doesn't wish to stir up anger among his own supporters. His words consist largely of Democratic pro-choice talking points: he frames the issue as one of women's health care, suggests that poor and minority women will suffer disproportionately, and positions Roe v. Wade as a fundamental constitutional right which must be protected.
In another sense, though, this statement illustrates exactly why Biden's stance on abortion raises the hackles of so many Catholics. Many Catholics reasonably expect Catholic public officials to be Catholic in their public service.
How does one be Catholic in public? We (those of us who are rubbed the wrong way by statements such as the president's) would like to see Catholic public figures bear witness to what we believe, and what we stand for.
Let me try to explain it by drawing a comparison. All of us who post and comment here at NewGathering are filled with revulsion when church officials commit flagrant and abhorrent crimes and sins, whether it's the sexual abuse of children or financial malfeasance. Presumably, none of us expects absolute perfection from church officials; we all know perfection isn't possible this side of heaven. But there are certain standards of behavior to which we should hold Catholic officials. Far from abusing children, clergy should be protecting children from predators. Caring for children touches closely to our sense of Catholic identity. Far from engaging in affairs, clergy should be staying true to their sacred vows. Being faithful to one's promises touches closely on our sense of Catholic identity. Far from embezzling and bribing and leading extravagant lifestyles, Catholic leaders should be living lives of financial modesty and probity, and giving alms to those in need. Freely-embraced poverty and almsgiving touches closely on our Catholic identity.
Our expectations extend beyond church officials. We expect Catholics in public life, whether they are politicians, teachers, film stars or football coaches, to hold themselves to a certain standard of public behavior. It is not only a high standard (although high standards are part of it); it is a Catholic standard. There are certain violations which not only are wrong in and of themselves, but which attack our sense of what being Catholic is about.
For us Catholics, our models and heroes are saints and martyrs who held themselves to heroic Catholic standards, even in the face of criticism and persecution.
In my view, with his statement on the Texas law, President Biden did not hold himself to a Catholic standard of belief and witness. Opposition to abortion - even for those Catholics who believe it is prudent that abortion remain legal - touches closely on our sense of what Catholicism is about.
There is nothing distinctively Catholic about President Biden's statement. His pieties about "women's health care" are dishonest, as many abortions - surely the vast majority - are not instigated by concerns for the mother's health.
There was no reason for President Biden to speak up at all. A Catholic president who truly is committed to making abortions rare would not have felt compelled to release a statement about the Texas law, which after all is none of his business as president. If questioned by the media, he might have used the opportunity to share his conviction that abortions are bad.
Instead, President Biden went out of his way to proclaim, not his faith, but Democratic talking points - which happen to be opposed to his faith. Rather than acting as a vessel of simple clarity and light to a world enveloped in darkness, he chose to spread a creed of darkness and sin. He bore witness to the platform of the Democratic Party. I wish he would bear witness to his faith instead.
I agree that he didn't have to say anything at all and that is probably what he should have done. However I am profoundly uncomfortable with this "citizens' arrest" thing in which private citizens are empowered to bring suit in a situation in which actual law enforcement are forbidden from enforcing the law (what the actual heck?!) I am reading it that there is a financial incentive for being a citizen bounty hunter, which is a bad precedent.
ReplyDeleteIt's hard to believe that odd provision will survive court scrutiny, should a court agree to consider it. Usually, a person must have standing to sue. I'm not a lawyer, though.
DeleteThe Texas law allowing abortion vigilantes to sue for financial compensation by spying and snitching, violating the medical privacy of other citizens, is beyond frightening. It reminds me of the stories of life in east Germany under the communists when the government rewarded those who spied on their neighbors and acquaintances and reported to the Stasi. Or the Nazi spies who turned in those that they learned were hiding Jews ( the reason Anne Frank and her family were discovered and taken to the death camps. Someone betrayed them.)
DeleteIf this Texas law stands I shudder to think about what will come next if the right wingers succeed in winning in 2022 and 2024.
"The Texas law allowing abortion vigilantes to sue for financial compensation by spying and snitching, violating the medical privacy of other citizens, is beyond frightening."
DeleteI don't like it, either. To me, it feels like the next escalation in "Cancel Culture".
I don't know whether Catholic pro-life activists ever were in the driver's seat for pro-life activism, but there have been one or two instances in recent weeks, including this Texas law, that strike me as weird, and in ways that don't seem like the right approach to me.
Here is the other weird thing I ran across earlier this week. This is law professor Mary Ziegler, writing in the New York Times. The subject here is a Texas law, a different one, I believe, than the one we're discussing here. See if you can spot any details in the "pro-life" strategy she is describing here which don't seem to be, well, pro-life:
Delete"A recent ruling by the United States Court of Appeals for the Fifth Circuit seems tailor made for a Supreme Court that wants to look as if it cares about precedent while shooting a hole through that right [to have an abortion without undue government interference]. The appellate court relied on a past Supreme Court ruling to give leeway to the Texas Legislature to restrict a certain abortion procedure even though there was uncertainty about the medical consequences of the stricture.
"Texas is one of several states that functionally ban dilation and evacuation, the safest and most common abortion procedure used in the second trimester. In performing the procedure, a doctor dilates the cervix and then removes a fetus using forceps and possibly suction.
"The Texas law at issue in the case, Whole Woman’s Health v. Paxton, prohibits what the Fifth Circuit called “live dismemberment with forceps,” requiring doctors to ensure that fetal death occurs before an evacuation takes place.
"Texas argued that the additional procedures it requires to guarantee fetal death were safe and effective, especially the use of digoxin, a heart medication that can also stop a fetal heartbeat. The state also asserted that experimental methods, such as injecting potassium chloride directly into the fetal heart or cutting the umbilical cord, would not threaten patients.
"Abortion rights supporters say these procedures are unreliable, untested, unsafe and often unavailable. They add that Texas has essentially criminalized what has been the go-to abortion technique in the second trimester — dilation and evacuation without the additional steps to cause fetal demise."
I share the abhorrence felt by the authors of this Texas legislation toward abortion procedures which require dismembering a live fetus with forceps or similar instruments. I guess where I part ways is in deciding to *kill the fetus via injection*.
I had read about that too. I suppose requiring a doctor to ensure fetal death before evacuation is a bass ackwards attempt to make an inhumane procedure less so. The problem of course is allowing an inhumane procedure in the first place. However if it *is* allowed, it makes sense in a convoluted way. I don't think any state in the union would allow a veterinary clinic to euthanize animals by dismemberment.
DeleteUnrelated, please say a prayer for me as I am having arthroscopic surgery tomorrow. It is outpatient and not that serious, but is with general anesthesia.
ReplyDeleteYes, Katherine. Will do. All the best healing.
DeletePrayers ascending, Katherine
DeleteAm praying for you, Katherine.
DeleteCan't a duly elected Catholic, in good conscience, take an oath of office to "preserve, protect, and defend the constitution," when abortion is constitutionally protected? Must Biden also oppose same-sex marriage?
ReplyDeleteI suppose all oath-takers have to do their best to navigate whatever conflicts arise between their oaths and their personal beliefs. I don't know that there is only one right answer. If I were in his shoes, my approach would be different than his: mine would be to not go out of my way, as he did here, to evangelize something that is evil. He wasn't fulfilling his constitutional duty by releasing that statement.
DeletePersonally, I think the Bible story whose punch line is, "Give to Caesar what is Caesar, and to God what is God's" is applicable to Biden's dilemma (if it is a dilemma for him; I don't think there is any evidence that it constitutes a dilemma for him). He is beholden to his oath, and also beholden to his baptismal and confirmation promises.
Biden should and must express his conscience as POTUS. If people didn't want him to do that, as a Catholic, they should not have voted for him.
DeleteAs stated below, he is not a Catholic cleric. He is President of a secular nation.
Biden is neither bishop nor a priest. He is the president of a secular country that has a firm principle of separation of church and state.
ReplyDeleteBishops and priests are “employed “ by the RCC and have a right to teach the members of their own religion what the beliefs are. They do not have the right to seek to impose their religious views on all Americans.
The President is employed by the citizens of the United States, and, as such, he is expected to defend the American principle of separation of church and state. He is not a representative or employee of the Catholic Church, and he has no right to use his elected position as President to support the imposition of Catholic teaching on all Americans.
It seems to me, Jim, that you do not agree that church and state should be separated. It seems that you believe any politician who is Catholic must try to use their office to impose Catholic teachings on the 80% of Americans who are not Catholic.
"Separation of church and state" refers, I guess, to the Establishment clause of the First Amendment. Any president can oppose abortion without establishing an official religion. Beyond the Establishment clause, I don't believe there is any provision in the Constitution which prevents churches or other religious organizations from making their views known in the public square. That's what happens in a robust democracy.
DeleteIn this particular Texas case, the Supreme Court - the highest and most authoritative arbiter of what is Constitutional - declined to consider that this Texas law violates any constitutional principles. Perhaps that is a slender reed upon which to build a case that the Texas law passes constitutional muster. But so far, it's the only evidence we have on the question of the law's constitutionality - and based on that little bit we know, it seems that the Texas law is constitutional. So what exactly is Biden purporting to defend in his statement? He appears to be *opposing* something which is constitutional.
Jim, refer to David Nichols post below. The establishment of vigilante spying/reporting by everyone who feels called to it may very well be unconstitutional. The Supremes did not makes a ruling.
DeleteOf course churches and their representatives can make their views known in public. The President of the United States is neither a church nor a representative of the church. Currently abortion is legal throughout the entire term of pregnancy. I wish it weren’t but it is and currently it’s a right that the Supreme Court declared Constitutional. Until that changes, the President is sworn to defend the Constitution, whether or not he agrees with it personally.
Asking Biden or any President to ignore the Constitution in favor of personal religious views is simply un-American. Biden separates his personal religious views from his constitutionally mandated responsibilities. Exactly what we need in a President. Of course he can’t change any laws. Perhaps he should have said nothing. Perhaps the right to life extremists should not be advocating for anyone and everyone to spy on other people and report them to the authorities in return for a “ bounty”.
Do you approve of this law as written Jim?
Do you really think it is a good thing that people will be rewarded financially for spying on other people and reporting their suspicions to the legal authorities? .
"The President of the United States is neither a church nor a representative of the church."
DeletePresident Biden, whether he wishes it or not (and I think that, on one level, he very much wishes it) is a representative of the church. So are all of us who are baptized. Any Catholic public figure is a walking, talking billboard for Catholicism, whether or not it's convenient.
Biden isn't secretive about his Catholic identity. In my view, his campaign has traded in it for political purposes/gain. If he ever has told them to stop it, that it's unbecoming and a private matter for him and his family, I've never heard of it.
Of course, Biden is hardly unique among presidents in being publicly religious. President Obama was quite open about his religious engagement. So was President George W Bush. And, of course, Kennedy. I am sure many others over the course of the nation's history were as well.
"Currently abortion is legal throughout the entire term of pregnancy. I wish it weren’t but it is and currently it’s a right that the Supreme Court declared Constitutional. Until that changes, the President is sworn to defend the Constitution, whether or not he agrees with it personally."
The legality of abortion at different stages of pregnancy and in different circumstances (e.g. the age of the mother) is a complicated topic, as the rules and restrictions vary significantly from one jurisdiction to another. Texas has come up with a law which varies from others. So far, no court has successfully enjoined it, so - so far - we must assume it is legal and Constitutional. The president may not agree, but the president has no authority to make that determination. He's obligated by his oath to the constitution to accept and defend whatever the Supreme Court decides - even if, as in this case, so far it has decided by declining to decide.
"Do you approve of this law as written Jim?"
As I've mentioned several times already, I think it's odd and weird. I have no idea how it will play out. I certainly don't object to the outcome so far - there are reports that Texas abortion clinics have stopped performing abortions - but the ends can't justify the means. I think it's most likely that a court will find a reason to stop it from being in effect, perhaps very soon.
So, Jim, for you the ends justify the means. I would not have believed that of you.
DeleteSorry I see that you said the ends don’t justify the means. And I suppose that you are ready to step up to the plate and offer to support - indefinitely, for as many years as needed - at least one woman and her baby that will be born. You could take some money out of your retirement fund- I think you are old enough to even do that without a penalty.
DeleteI guess Stanley is right - if all Catholics are expected by some, like you, to push for Catholic teachings in the public square, then no Catholic should ever run for political office.
DeleteIt also seems that you are reading into this SC inaction a conclusion that is not yet for sure. God help this country if they support the evil inherent in the Texas law.
"I guess Stanley is right - if all Catholics are expected by some, like you, to push for Catholic teachings in the public square, then no Catholic should ever run for political office."
DeleteI don't think presidents need to be Catechism-quoting robots. And I recognize that any president inevitably will experience conflicts between his personal beliefs and the duties of his office. (Although that is not the case here; Texas's law gave President Biden no duties or obligations to say or do anything.)
But I also don't think it's unreasonable to expect some sort of coherence between (on the one hand) a public official's first principles and core beliefs, and (on the other hand) his governing philosophy and actions. I suppose everyone here thinks this; otherwise, there would have been no criticism of Catholic Attorney General William Barr last year for reinstituting federal executions.
A candidate's first principles and beliefs are among the most important criteria I assess in determining who to vote for. It's one of the ways we "take the measure of the man (or woman)". My having taken the measure of Donald Trump the man is the primary reason I never have voted for him, and never will. If it was simply a matter of weighing up his policy views, I might consider voting for him: his policy positions are a hodge-podge of things I disagree with, things I agree with and things I don't care very much about - in other words, not too different than many other candidates.
A Catholic president, or senator or governor or other elected official, needs to figure out how to thread the needle between personal principles (presumably influenced and formed by church teaching) and the "secular" requirements of the office. Surely there is more than one way the needle can be threaded. For example, I've suggested he could simply have remained silent; the Texas issue has no direct bearing on the federal executive branch at all.
Jim P: Biden is a MEMBER of the RCC, but he is not a REPRESENTATIVE thereof. Major difference.
DeleteThanks, Jimmy Mac. I was going to point that out. Jim P asserted that every baptized Catholic is a representative of Catholic teaching. Well. I’m a baptized Catholic and I am most definitely not a representative of the RCC.,
DeleteAnd I am a firm supporter of separation of church and state.
"Jim P asserted that every baptized Catholic is a representative of Catholic teaching."
Delete... and he's absolutely right. Although admittedly, the thought's not original to me. You are the light of the world, the salt of the earth. You're a shining city on a hill. Don't cover your lamp with a bushel basket or hide it under the bed.
Well, Jim, if I, a baptized Catholic who dissents from multiple RC teachings, am seen as a representative of the Catholic Church, then maybe you should be careful what you wish for.
DeletePerhaps, in the present situation, it is not possible to be a president AND a Catholic. If I were making that statement by Biden, I'd be choking during the first part but comfortable during the second. The whole thing reeks of slimy sneaky lawyer tricks and is a bit too clever by half. But maybe we Catholics need to leave this game of politics to the jews and protestants (of certain stripe) and atheists. That's what the Amish do. But nobody ever tell me you CAN be a Catholic and a Repub. I'll start throwing things around. A previous pope barred Catholic priests from holding public office. Maybe a pope should ban the laity from politics.
ReplyDeleteLet me go on record to say that what I find upsetting is not the legality or illegality of abortion but the fact that it is so popular, that so many want to do it at all.
I remember being happy that Kennedy was a Catholic and a president. I get no pleasure or pride from that sort of thing anymore.
Stanley, the reasons so many seek abortion is not very often that they “ want” to do it. More than 2/3 of women who get abortions in the USA are poor - they very often see no other possibility. They can’t support the child, and many already have children that they are raising in poverty. The US lacks the extensive social safety nets of European countries, which have significantly lower abortion rates.
DeleteThe right to life extremists don’t accept that others don’t believe the same thing they do - that an embryo only slightly bigger than a grain of rice (the size at 6 weeks), that looks like a tiny 1/8th inch tadpole, is a human person, they look at it as a potential human person. They don’t share the Catholic church’s ( relatively recent) belief that a fertilized egg - a cell called a zygote - is a human being - a person. It’s potential only. The question that remains unanswered for Catholics revolves around ensoulment. Humans have no idea when this occurs. Many Jews don’t believe it happens until the child takes its first breath ( based on a passage in Genesis). These wildly different views of when personhood begins are religious beliefs, a spud, obviously neither of these very different beliefs are shared by everyone. Few people who aren’t Catholic don’t even discuss ensoulment much. Many don’t even believe in a soul.
The women who seek abortion even though not impoverished, the minority, usually do not share the religious view of official Catholic teaching. They do not believe that they are “ murdering a baby* but choose to disrupt a process that might eventually result in the cell, or the grain of rice, becoming a human person., And it is they who will be responsible for feeding, clothing, educating, and nurturing a child for at least 18 years, and, truthfully, really for the rest of their lives. You are a single man, childless, and, I hate to point this out but You really don’t have a clue about what women face when bringing a child into the world. The responsibility of being a parent is enormous, and not everyone is equipped to undertake it. This is reason so many children are neglected, or physically or emotionally abused.
The Catholic Church also opposes contraception, and seeks to impose its views on this on as many as possible. Access to affordable, reliable contraception is the most effective way to reduce numbers of unplanned and unwanted pregnancies, and’ thus, reduce the numbers of abortions.
Biden is doing what he has to do - stand up for the Constitution as President. His personal religious views should be irrelevant.
Stanley - I'm a big believer in discerning one's vocation in life, and following that path (or maybe multiple paths; I think it's quite likely that people's vocations change over the course of a lifetime). I think it's more than possible that some Catholics are called to politics and public service - that's their vocation. If they are to follow that path, they have to pick a lane - they have to pick a party. They can hold their nose and be a Democrat, or they can hold their nose - and, in this Age of Trump, every other bodily orifice - and be a Republican. Whichever lane they pick, if they are serious about their faith then presumably it won't be an entirely comfortable "fit", and will require many compromises and a modicum of independent thinking.
DeleteIn this case, I guess I'm discerning neither discomfort nor compromise nor independent thinking on Biden's part. He's spewing square-peg boilerplate which fits perfectly into the square hole of his party identity, but which can't be fit into the round hole of his Catholicism. Wish he at least sanded the corners of the peg a little bit.
I have no problem with artificial birth control or support for the poor. Although having no children is something I'm not enthused about, I'm satisfied that I don't have descendants who will have to deal with what will happen over the next fifty years.
DeleteStanley, if you were a poor woman, scraping by financially. Perhaps without the means to afford medical insurance (millions of working poor make “ too much” to qualify for Medicaid, but can’t afford the $20,000+ To buy it for themselves and their families) would you want to bring another child into the world who will face hardships from birth on just so you could have descendants?
DeleteI see so little empathy from the middle and upper middle classes for the poor. So little understanding of the hopelessness experienced by millions of poor people. These right to life people aren’t stepping up to offer to pay for the family’s needs for food, decent shelter, clothing, MEDICAL care for 18 years. These right to lifers generally oppose any and all measures that might help women decide to give birth because, Gid forbid, it might increase their tax bills. These right to lifers oppose provisions to cover the cost of contraception not only by religious employers whose mission is specifically religious ( churches and schools ) but by any for profit business that simply declares it violates their fragile religious sensibilities, leaving the door wide open for abuse. And ultimately, for the right to lifers, their own monetary desires and love of personal comfort mean more to them than reducing the numbers of abortions. Their « support » stops with a few months of diapers and formula. Then they pat themselves on the back and bask in their own sense of moral superiority. Now they want to be able to enrich themselves further by reporting their neighbors to the Texas Stasi.
Bah humbug.
For they preach, but do not practice. 4 They tie up heavy burdens, hard to bear,[a] and lay them on people's shoulders, but they themselves are not willing to move them with their finger. 5 They do all their deeds to be seen by others.
At any rate, 14 weeks would seem to be a more reasonable threshold. That's when cerebral activity begins. That could be a secular equivalent for ensoulment. It also gives a window where the woman knows she's pregnant. If I wasn't clear before, I don't think legislative proscriptions are the way to limit abortion. But, to me, it is still some form of killing. Killing is not a good way to solve problems, albeit technically easy.
DeleteI will agree that in an unjust, inhumane system, right and wrong become distorted. That's why I am a democratic socialist. I would prioritize economic justice over attending to limiting abortion.
Stanley, for you it is “ killing”. But what is being killed? A person? That’s what you believe. But for reasons already stated, not everyone shares that belief.
DeleteOr is it a potential person? That’s what a majority of Americans believe, at least up through the first trimester. Even without establishing a Stasi police state, 90% of abortions are done in the first trimester.
I wish no woman ever felt that her best choice when facing an unplanned and problem pregnancy was abortion. I am simply trying to answer your question about why abortion is »popular « - as poor a perception and description of how most women view abortion as I’ve ever heard - about why so many choose abortion. Try walking a mile in their shoes. Try to feel the fear, the desperation,
Maybe as a comfortably retired man without children you should begin contributing to the groups that provide significant tangible support to single mothers, and to all poor. Those who assist instead of judge and condemn are seldom affiliated with the formal right to life groups.
Anne, "Murder" implies personhood. "Killing" doesn't, in my vocabulary. I do make non-trivial charitable contributions but that's all I'll say about it. Perhaps my perspective is biased by my knowing single women who became pregnant, gave birth, raised their kids, loved them, and the kids turned out well. They didn't come from well-to-do families but I guess being white didn't hurt. This is not to judge but these are people in my sphere and they are referents.
DeleteStanley, I too know women who got pregnant, and gave birth. Two are members of my own family. But they were not impoverished- not wealthy but not among the 2/3 who seek abortion who are genuinely poor. More importantly they had support systems- their families supported them and their child until they could. They provided financial support to finish education, and babysitting throughout including when the single mom went to work. And yes, they were white also.
DeleteI see very little tangible support offered by the so called pro-life movement. Their actions are focused almost exclusively on making abortion illegal. They show little to no concern whatsoever for the women - only for the embryo. I stopped sending donations to pro- life groups when I realized that they weren’t using any of the money to help the women in substantial ways., the women were unimportant. Only the 1/8 inch embryo that had the potential to become a person concerned them. An embryo is not a person. Just as an acorn is not an oak tree. It is potential at that stage of development.
Most Americans support legal abortion through the first 12 weeks. Personally, I would cut it off at 10. But the brain and nervous system aren’t in place until 12, so that might be reasonable.
But my biggest objection to this law in Texas is opening the door to creating a society that spies on others in order to sue for a lot of money when they catch someone - even if it’s the cab driver who drops the woman off at the door of the abortion facility. But since the vast majority of abortions in the first trimester are by pill, women will buy them online, or on the black market. Not only will they give up medical guidance and a physical checkup afterwards to see that they are ok, they may risk their lives buying pills under circumstances that may result in them receiving forgeries.
But it seems that the vocal pro lifers don’t really care if desperate women die because they were blocked from getting a safe abortion. It was the cold indifference of the pro lifers that got me to thinking very hard about the issue and finally pushed me into the pro- choice camp, albeit very reluctantly.
"Stanley, if you were a poor woman, scraping by financially. Perhaps without the means to afford medical insurance (millions of working poor make “ too much” to qualify for Medicaid, but can’t afford the $20,000+ To buy it for themselves and their families) would you want to bring another child into the world who will face hardships from birth on just so you could have descendants?"
DeleteHealth care for low-income people is complicated to describe (and understand!) because there is no single federal or private program that covers every possible set of circumstances. However, in broad strokes:
* Mothers of minor children are eligible for Medicaid if their income is 133% or less of the federal poverty level. The benefits vary by state (I futzed around on Google a little bit and learned that Medicaid benefits are offered to pregnant women at higher levels of income in blue-state Illinois than in Pennsylvania and Virginia) but 133% of the poverty rate is a federal baseline which applies to all states.
* Any mother (or anyone else) who works 30 or more hours/week is eligible for the employer's health care plan.
* For mothers whose income is low but exceeds the Medicaid ceiling, there is a federal program called CHIP which provides health care coverage to the children in the family
* Obamacare provides heavily-subsidized insurance coverage to low income families - in some cases, fully subsidized insurance
Let's work with some of the circumstances Anne has described. Let's suppose that a low-income pregnant woman already has two children and is worried about being able to afford another child into the world. Let's further suppose that she makes minimum wage, and her employer only schedules her for 1,200 hours per year, too few to qualify for the employer's health plan.
The minimum wage also varies by state. In Illinois, it's $11/hour. In Virginia, it's $9.50/hour. In Pennsylvania, it's $7.25/hour. But regardless of which of these three states our hypothetical mother lives in: her income will be less than the federal ceiling of 133% of the federal poverty rate.
Here are the numbers:
For a family of three, the federal poverty rate is $21,960/year. 133% of that income level is $29,206.80. (I should note that this is not much less than my daughter earned in her first year of teaching full-time at a Catholic school.)
In Illinois, our hypothetical mother, working 1,200 hours/year and earning minimum wage, will have an annual income of $13,200. In Virginia, the mom's annual income is $11,400. In Pennsylvania, it's $8,700.
Here is another way to look at it: regardless of what state the mother lives in, she could make up to $24.33/hour and still qualify for Medicaid.
It's worth noting that many low-wage employers (McDonalds, Amazon) are raising their wage to $15/hour or more, considerably more than they were paying prior to COVID-19, to attract employees. Other low-wage jobs are going unfilled, causing real social problems; around here, a shortage of school bus drivers is imperiling the ability of some parents to get their children to school.
Perhaps there are specific sets of circumstances which can cause a pregnant woman to fall through holes in the government health care safety net. One big practical issue around here: federal benefits are only for US citizens. Another: some low-income people who are eligible for federal benefits don't realize it, or don't know how to go about applying for it, or make mistakes in the application process which leave them disqualified. And both Medicaid and private insurance plans (especially for low-income workers) can be far from perfect.
But on the whole, there is a health insurance plan for low-income mothers of minor children.
The Supreme Court has declined to block the law, although they have not declared it to be constitutional (or unconstitutional). From The New York Times:
ReplyDeleteThe Supreme Court on Wednesday refused to block a Texas law prohibiting most abortions after about six weeks of pregnancy. The move, a response to an emergency application from abortion providers in the state, came less than a day after the law became effective, severely restricting access to the procedure.
The vote was 5 to 4, with Chief Justice John G. Roberts Jr. joining the court’s three liberal members in dissent.
The majority opinion was brief and unsigned, and it said the providers had not made out their case in the face of “complex and novel” procedural questions.
“In reaching this conclusion,” the opinion said, “we stress that we do not purport to resolve definitively any jurisdictional or substantive claim in the applicants’ lawsuit. In particular, this order is not based on any conclusion about the constitutionality of Texas’ law, and in no way limits other procedurally proper challenges to the Texas law, including in Texas state courts.”
In dissent, Chief Justice Roberts wrote that he would have blocked the law while appeals moved forward.
“The statutory scheme before the court is not only unusual, but unprecedented,” the chief justice wrote. “The legislature has imposed a prohibition on abortions after roughly six weeks, and then essentially delegated enforcement of that prohibition to the populace at large. The desired consequence appears to be to insulate the state from responsibility for implementing and enforcing the regulatory regime.” . . . .
In a sense, the court has acted. The court has declined to enjoin. But the full bank of justices did its work to reach that decision. That's surely significant of ... something. Here is Mary Ziegler, writing at SCOTUSBlog:
Delete"the court’s willingness to allow Texas to functionally outlaw abortions sends a powerful message. The justices have shown that they can respond quickly to emergency applications when the spirit moves them. It is possible that one or more of the justices is writing a lengthy dissent that explains the wait here. Just the same, the court’s silence seems to mark a fundamental break with the respect the justices have long shown those on either side of the abortion issue. Saying nothing suggests that there was no emergency — and that a massive shift in abortion law in one of the nation’s largest states is a matter of no particular import. Americans opposed to abortion will celebrate Texas’ law as a crucial step toward the protection of the nation’s most vulnerable. Supporters of abortion rights mourn that the court has effectively reversed Roe without saying a word. Only the justices themselves seem to think that the matter is not worthy of comment.
"The court’s silence cannot tell us whether the court will reverse Roe openly this June or in a subsequent decision. Inaction on the emergency application does not reveal much about how the court’s new 6-3 conservative majority views precedent; nor does it establish whether Roberts’ commitment in June Medical will persist (or whether Barrett, who replaced the late Justice Ruth Bader Ginsburg after June Medical was handed down, will share that commitment). But the events of the past 24 hours do raise questions about whether the court will approach Dobbs as the legacy-defining case that it is."
https://www.scotusblog.com/2021/09/supreme-indifference-what-the-texas-case-signals-about-the-courts-treatment-of-abortion/
[NB: Dobbs is the Mississippi case which the court has accepted onto its docket for the next term. Pro-life advocates hope it will be the occasion for reversing or significantly modifying Roe and Casey case law.]
"The statutory scheme before the court is not only unusual, but unprecedented,” the chief justice wrote. “The legislature has imposed a prohibition on abortions after roughly six weeks, and then essentially delegated enforcement of that prohibition to the populace at large. The desired consequence appears to be to insulate the state from responsibility for implementing and enforcing the regulatory regime.” . . . .
DeleteHave the geniuses who figured out this end run around normal legislative practice not stopped to think that the tactics of using citizen civil suits to enforce laws that law enforcement can't enforce, is a double edged sword which can be used to do an end run around a lot of issues, not confined to one party. We've all seen the picture of an alligator with a rude caption, which can be translated as "Mess around and find out."
Yes. If they let this strange creature gain precedent, no telling what it's going to do in the future. We supposedly ended WWII with the atomic bomb. But the atomic bomb didn't crawl back into its cave after that.
DeleteThis is an example of how to be genuinely pro- life. But the pro- life movement doesn’t support this kind of REAL pro- life action with their money.
ReplyDeletehttps://www.stanns.org/support/teen-mother-baby
Grace House is indeed a good real-world pro life effort.
DeleteI am also impressed by this legislation co-sponsored by Congressman Fortenberry, who represents our district: https://fortenberry.house.gov/news/in-the-news/washington-post-fortenberry-s-care-her-act-creates-commitment-care-journey-life
I don't frequently find myself in agreement with Fortenberry on many issues, but the Care for Her act actually could make a difference in a pro-life way.
Check out Michael Sean Winters' column today. He calls the Texas law a "Pyrrhic victory" for the pro-life cause. I am afraid he is right.
ReplyDeleteSorry, forgot to provide the link:
Deletehttps://www.ncronline.org/news/opinion/distinctly-catholic/new-texas-abortion-law-pyrrhic-victory-pro-life-cause
Thanks, Katherine. Good article.
DeleteI took a day away from the internet because of relatives visiting from Pennsylvania to find that Jim has stirred up a hornet’s nest of comments. I will be brief.
ReplyDeleteIt does not really matter how Catholic one is if one is not a Christian.
Jesus said that Christianity is summed up in the love of God and the love of neighbor. The Romans said “Look at the Christians, how they love one another.” Today outsiders might well say “Look at those Catholics, how they hate one another.”
In the history of Christianity, all sorts of Christians have decided to persecute other Christians, or their fellow human beings, in the name of Christian doctrine and practice. They might have claimed they loved God and even their enemies while they tortured, and killed them. Obviously none of these so called Christians (Catholic, Orthodox, Protestant) were in fact followers of Jesus.
Time and again in his lifetime, Jesus was deeply critical of any of his fellow Jews who exulted aspects of the law in ways that glorified themselves while denigrating others. Throughout history he would have been equally critical of those who used any aspect of doctrine (no matter how true) or any aspect of practice (no matter how worthy) as a weapon against their fellow humans, especially fellow Christians. We must certainly recognize how much Christianity with its various doctrines and practices has contributed to anti-Semitism, racism, wars and persecutions. None of that yesterday or today is from God or Jesus.
Republicans have enlisted Evangelicals and Catholics in their unholy wars against whatever they dislike. The end of this alliance will be the collapse of Christianity in America just like what happened in Europe after the endless wars among Christian nations, the rise of fascism and communism, and the Holocaust. Even Vatican II was not able to revive the Church there.
What is going on in Texas is part of the continued collapse of democracy and constitutional checks and balances as Republicans morph into a Fascist party. At ND about a decade ago one of the professors from Germany gave a frightening description of how Hitler used religion, including Catholicism, to gain control in Germany.
The Texan event has more of power and control in it than any sign of Christian compassion. Instead of persuasion and conversion, Christianity is being identified with the tools of state power and coercion. I am becoming increasingly skeptical that Christianity and empire are compatible. Not that, if Christianity "wins", empire disappears, but that it will or should remain in counterpoint something, that seems, for the moment, inevitable.
DeleteJack - a grim analysis but a very likely scenario.
DeleteLots of commentary out there about the Texas situation.
ReplyDeleteI have read several comments, articles etc by Jewish people that this law violates their religious freedom. As I have noted before, many do NOT believe that an embryo is a person. However,most Americans do support limiting abortion to the first trimester - when the brain and nervous system have developed. Many see this law as imposing the views of one religion on all.
For example,
https://religionnews.com/2021/09/02/texass-abortion-ban-is-against-my-religion-as-a-rabbi-i-will-defy-it-if-necessary/
Also in many comments - not just articles. I have mentioned ad nauseum my concern that Catholics and evangelicals seek to impose their own religious beliefs on all, using the government to do it. This failure to respect the separation of church and state represents an frightening threat to religious freedom - for ALL.
I am convinced these anti-abortion laws need to be fought as a first amendment issue. It is written 100% from a Christian viewpoint and violates my freedom of religion as a Jew. Judaism does not define life as beginning at conception nor does it consider abortion murder…
I have also read several things about the reality of the developmental stage of the embryo at 6 weeks, such as
Dr. Nisha Verma, a female OB-GYN of the American College of Obstetricians and Gynecologists, describing a “fetal heartbeat” and how that’s a fallacy at 6 weeks gestation: “At six weeks of gestation, those [cardiac] valves don't exist. And so the flickering that we're seeing on the ultrasound that early in the development of the pregnancy is actually electrical activity. And the sound that you hear is actually manufactured by the ultrasound machine.” No healthcare provider can “hear” a fetal heartbeat at 6-weeks gestation.
But the un-American-ness of the enforcement method is still the most shocking element of this "law" to me. It's not just "weird" Jim, it's a step towards totalitarian government. A couple of more comments of many that I copied to illustrate that a lot of people DO perceive the danger of this law. The question now is - how can we stop this slide towards totalitarian government?
And the idea that private citizens would be able to report women who had abortions to the authorities?? They would sue them, and receive some financial compensation?? What is that all about?? Sounds really "Gestapo" to me turning neighbor against neighbor for $$.
At $10k a pop and with the burden of innocence placed on the accused, there's plenty of room for abuse built right into this law and you can bet your bottom dollar there are plenty of folks willing to exploit that. It's going to get very very ugly
A pro-life challenge.
ReplyDeleteI am posting the link again for St. Ann's - because I would like to challenge ALL of us here to be TRULY pro-life not just anti-abortion. Since Jim is the head of his pro-life group at his church, and in contact with the pro-life leaders in his larger community, perhaps the group could come up with at least one project that is TRULY pro-life - that would help women who are desperately seeking a way to go forward with their pregnancy but feel hopeless.
St. Ann's used to be called St. Ann's Infant Home - not an orphanage, but simply a place for single mothers with little support to care for their babies. They have a very interesting history, going back to the mid-19lth century. It's under the About Us menu. I used to contribute to them regularly and somehow got out of the habit. I plan to resume monthly donations now. Because the work they are doing is truly PRO_LIFE and not just words, words, words and protest marches and signs. As I have said before, the truth about the pro-life movement caring more about politics and words than genuine action hit me in the face while my sons were in Catholic high school when I strongly protested how the school planned to use $50,000 it raised for a "pro-life" project that would do NOTHING to help women and babies. My frustration and shock at this "project" (a vanity project promoted by the chaplain - who died of AIDS a few years later) started moving me towards being pro-choice. No more money to the Right to Life organizations, both local and national.
Parishes could join together to do a major project - providing free or heavily subsidized child care while women work, for example. Providing supplementary income for housing or food. NOT just a few months of diapers and formula
If you do come up with a genuinely Pro-life project Jim, even if it's only your own parish group providing child care for half dozen women, etc, - IF you get support to do a start-up project, I will write your project a check for $5000 towards equipment, etc. Such a project will take a long time - legal matters are involved, financial etc. But if you can get a project approved to begin the process, the check will be in the mail. And follow-up checks as you progress. I continue to wait for the "pro-life" movement to become genuinely pro-life. To put their money where their mouths are.
In the meantime, I'm sending my monthly variable contribution to St. Ann's.
https://www.stanns.org/
Keep me posted! You have my email via Jimmy M's group.
PS - Jim, your earlier post comparing your daughter's income with that of a woman at 133$ of the poverty line is comparing apples and oranges. I do not have time to give a detailed presentation of why it's a very misleading post. Later I will try to get to it. I started learning the reality of the lives of the working poor about 15 years ago when I was a volunteer grant-writer for a local clinic for the uninsured working poor that had been started by people in my Catholic parish. My eyes were opened about life for this demographic group.
Hello - just catching up. Anne, that is an amazing offer! I'll email you offline with a couple of suggestions, and you can decide. The groups in our area probably aren't identical to what St. Ann's is doing, so you can judge whether or not they meet your criteria.
DeleteJust for the record: I don't lead the pro-life group at our parish. Some laypersons are in charge. I provide whatever encouragement I'm able to do. Virtually all the clergy in Chicago are pro-life, so I'm pretty unremarkable in that respect.
Another good possibility for your pro-life activities at your parish.
ReplyDeletehttps://www.stanns.org/get-involved/volunteer
While I wait for Jim to set up a program, I decided it was time to restart contributions to St. Ann's. I contributed to them regularly in the past, but somehow stopped and hadn't thought about it for years. I guess they lost my name and address on their mailing list at some point. Anyway, first contribution made today.
ReplyDeleteAmazing response from St. Ann’s - a personal thank you - by telephone.
DeleteSo, Jim, have you come up with any ideas for a project for your pro-life group?