Pro-abortion Components of
ObamaCare Debated in and out of Court
Part Four of Four
By Dave Andrusko
Debate over ObamaCare is
alive and well in a suburb of Washington, DC, but is not so
healthy in Ohio.
Pro-abortion incumbent
Democrat Gerry Connolly, in a tough rematch with pro-life
Republican Keith Fimian, is complaining to the always
sympathetic Washington Post that NRLC's characterization of his
vote for ObamaCare is "flat-out false," according to the Post's
Jake Gibson.
NRLC's
brochure says the freshman Democrat's vote "for the Obama health
care law," was a vote for a law that "will provide government
funding for health plans that pay for abortion on demand..." In
fact that is exactly what Connolly voted for, as NRLC
Legislative Director Douglas Johnson demonstrated in a 23-page
sworn affidavit, accompanied by 16 supporting documents, for a
case brought by Ohio Rep. Steve Driehaus (D) against a pro-life
PAC.
On Monday Judge Timothy
Black of the United States District Court for the Southern
District of Ohio rejected a request for a temporary restraining
order and preliminary injunction against Rep. Driehaus and the
Ohio Elections Commission. A three-member panel of the
Commission had voted 2-to-1 to find "probable cause" to believe
that the Susan B. Anthony List's claims violate Ohio's election
laws.
The group's billboards
(which have not yet been posted, thanks to Driehaus's legal
threats) say, "Shame on Steve Driehaus! Driehaus voted FOR
taxpayer-funded abortion"--a reference to the Patient Protection
and Affordable Care Act (PPACA) which we call ObamaCare.
The merits of the case
were not addressed by Judge Black, who said, "federal judges may
not intervene in the proceedings of state courts or agencies
unless a party faces immediate, irreparable harm," according to
the Enquirer. "In this case, he said, the commission has not
prevented the group from erecting the billboards and has not
barred any candidate from participating in the election."
Black wrote, "The
commission is simply exercising its statutory duty to determine
whether a certain political advertisement ... violates Ohio's
false statement law."
Technically, it is true
that the Commission did not prevent the billboards from going
up, but, as the Susan B. Anthony List (SBA) told the Cincinnati
Enquirer, "the owner of the billboards refused to post them
because he feared becoming entangled in the dispute."
In addition to Johnson's
sworn affidavit, the ACLU also weighed with a 17-page brief that
supports the legal position articulated by SBA's attorney.
In its brief the ACLU says
the law that the SBA is accused of violating "is vague and
overbroad, and it cannot withstand constitutional scrutiny. The
statute fails for the same reasons that the Sedition Act has
been condemned by history. The people have an absolute right to
criticize their public officials, the government should not be
the arbiter of true or false speech and, in any event, the best
answer for bad speech is more speech."
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comments on Today's News & Views and National Right to Life News
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Part One
Part Two
Part Three |