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Extensions of Remarks 2615 February 11, 1980 EXTENSIONS OF REMARKS 2615 EXTENSIONS OF REMARKS "POWER OF THE PURSE" TYING CONGRESS HANDS creases the physical dangers to the mother IMPLICATIONS At the very time when Congress is looking by delaying her recourse to· an abortion for new ways to improve its monitoring of during the earliest weeks of pregnancy, government programs, a major federal court when the risk is smallest. As a result, he HON. ROMANO L. MAZZOU opinion suggests that. its options may some­ said, the amendment impermissibly restricts times be narrower than it thinks. the medicaid program, which is designed to OF KENTUCKY The ruling holds unconstitutional the con­ assure eligible persons adequate basic IN THE HOUSE OF REPRESENTATIVES troversial Hyde amendment, which severely health services, including hospitalization and doctors' visits. Abortion is such a b&Sic Monday, February 11, 1980 restricts medicaid reimbursements for abor­ tions. More important, the decision, if al­ health service, Dooling found, and is denial e Mr. MAZZOLI. Mr. Speaker, the lowed to stand, could put Congress in a legal to medicaid recipients would undermine. the Congress is keenly protective of the straitJacket when it tries to tinker with pro­ entire program. appropriations powers it possesses grams, such as medicaid, that grant broad Critics-contend that Dooling's reasoning rights to large groups of people. lacks logic, and that he is barring Congress under article J. section 9, clause 7 of The restraint on Congress is the Constitu­ the Constitution: "• • • no money shall fi:·om enacting a law limiting the application tion, which places a high value on assuring of _an earlier law. "I don't think the courts be drawn from the Treasury, but in all citizens the equal protection of the laws. have the authority to tell Congress how it consequences of appropriations made Pending a possible review by the Supreme can spend money," said Gerald E. Bodell, a by law • • ... Court, the Jan. 15 opinion by Judge John F. New York City ·· attorney who represents This· "power of the purse" is now Dooling Jr. of the U.S. Distrtct Court for Hyde. "Congress pays what it wants to pay being threatened in the courts of this tbe Eastern District of New York may make it nearly impossible for Congress to deny for." He said that Dooling's decision is. the land. · -federal medicaid grants to the states to pay clearest court challenge in many years to The Supreme Court will 'soon review for abortions. Congress only alternatives­ Congress' spending power. _9onstitutionali.ty of the Hyde ~end­ both longshots-appear to be to repeal the In applauding Dooling's constitutional ar­ ment, which restricts the use of medic­ entire medicaid program or propose a con­ guments, abortion supporters emphasized aid funds for abortions. This question stitutional amendment barrlrtg abortion. his contention that Congress cannot dis­ occurs in the Quem against Zbaraz DoOling's action is an important reminder criminate against a class of citizens, in this case. that the constitutional framers gave Con­ case poor, pregnant, teenage women. The Hyde amendment has been at­ gress-and the President-only limited Because the opinion holds a federal law to tached for the past several years ·to power to enact laws controlling the lives of be unconstitutional, the Supreme Court can Ametican citizens. Both sides in Congress review it directly. Dooling delayed his deci­ the Labor-HEW appropriations bill. It would do well to consider the opfnton's im­ has always been offered as a_ floor sion's effective date until Feb. 15, and both plications for government's ability to re­ sides hope that the Court will hear argu­ amendment, pursuant to House rule strict the coverage of existing or proposed ments before the end of its term this June. XXI which allows amendments to ap­ programs. The-case could be consolidated with a feder- propriations bills where the intent is Abortion has been one of the most intrac- al court decision in. illinois that overturned to reduce expenditures. table issues facing Congress in recent years. · a state statute sflnilar to the Hyde amend­ Both the House and Senate are closely di- The Hyde amendment, thus, repre­ vided over whether medicaid funds should ment on equal protection grounds. sents ·an expressed intention of Con­ be permitted for .abortions; neither side has ~edicting what the Supreme Court will gress not to appropriate funds for shown much inclination to consider the · do is a risky business. While the Court tradi­ abortions under medica,id except in philosophical views of the other. The result tionally tries to avoid direct clashes with sharply limited circumstances. has been a seemingly endless series of emo- either Congress or the President, it prob­ After the enactment of a Hyde tional and moralistic debates that . change ably will have to co.Uront the Hyde amend­ amendlnent, the Treasury has no au­ few votes and do little to achieve a compro- ment, because of both the great public in­ mise. What has made the battle.even more terest in the case and its own abortion thority to allow money to be expended cantankerous ls that the proposals, usually ruling in 1973. for medicaid abortions, except as per­ have been attached to appropriations bills, mitted by the language of the amend­ often seriously delaying the routine financ- Dooling's decision comes at a time of ment. · · ing of agency operations. · growing political strength for the anti-abor­ In ·Quem against Zbaraz; plaintiffs Though many Members surely have made tion forces. Sen. Bob Packwood, R-Ore., a have requested that the court order some political mileage on the issue, Judge leading advocate -of federal support for Dooling said their efforts basically have abortions, said that if the highly active the Department of" Health, Education, "anti-choice movement" defeats a few key and Welfare to pay for all medically been a waste of time. He said the latest ·ver­ sion of the amendment sponsored by Rep. incumbents this year, "then not only will we necessary abortions regardless of the Henry J. Hyde, R-m.-which bars federal - see a constitutional amendment pass Con­ expressed congressional enactment to reimbursement for abortions unless the life gress in 1981 prohibiting all abortions', we the cdntrary. of the mother is endangered or the pregnan­ wtll also surely see a decade of decline for Any judicial order to expend funds cy was the result of rape or incest-violates women's rights in all areas." -for a purpose expressly barred by the the Supreme Court's 1973 judgment that The prospective judicial and political bat­ Congress goes to the very heart of the government's concern for the health of the tles pose the prospect that Senate and separation of governmental powers pregnant woman requires the states to House Members wtll no longer be able to under the Constitution. permit women to receive abortions in cer­ keep the abortion debate within the politi- tain circUlllStances. -cally more comfortable confines of the med­ Whether we agree or disagree on the "The medicaid~eligible woman who is appropriateness of restricting medic­ icaid program and the relatively powerless pregnant has a statutory entitlement to pregnant teenagers who are affected by it. aid funding of abortions, Mr. Speaker, medical assistance." Dooling wrote, "and, if ·i believe we can agree that it is im­ her pregnancy becomes a problem _pregnan­ Rather than engaging in legislation affect­ perative for the Congress to take every cy, her entitlement extends to receiving the ing specific classes, they may be directly medical treatment appropriate to her medi­ confronted with the kind of broad social step to protect its "power of the questions that Congress usually is reluctant purse." cal problem, the treatment which is recom­ mended - bY her attending physician's to consider. The following, which appeared in judgment." That would not only be a break with con­ the January 26, 1980, National Jour­ His 329-page opinion extensively reviewed gressional tradition but also a threat to nal, gives further insight into poten­ data on ·abortions and concluded that the medicaid and other broad federal programs tial problems stemming from the Hyde amendment, by making it difficult for that offer aid to the needy without inquir­ Quern against Zbaraz case. a p09r woman to pay for an abortion, in- ing into the details of their need.e e .This · "bullet.. symbol identifies statements or insertio~s - which are not spoken by the Member on th~ floor. 2616 EXTENSIONS OF REMARKS Februaru 11, 1980 DEMOCRATIC CLUB HONORS· Are our allies spending too little? matically, Japan could make a worthwhile FRANK DUVENECK Are we spending too much? I would contribution in other ways-by providing answer "yes" to both questions. -economic aid fo Paklstan; say, A naf.fon The CSM editorial mentions a which has benefitted generously· from HON. NORMAN Y. MINETA American largess and which is so strong eco­ center for strategic and international nomically ought to be ready for enhanced OF CALIFORNIA studies proposal that is very. intrigu­ responsibilities. IN THE HOUSE OF REPRESENTATIVES ing, one calling for an interallied This is not to say that a huge measure of Monday, February 11, 1980 ·common market for basic military in· defense cooperation among the Western and dustries. 'If it will save all of us money, Asian allies does not already exist. It does. • Mr. MINETA. Mr. Speaker, it gives let us look at it closely. But much more needs to be done. Thought me great pleasure to rise today to At any rate, I strongly endorse the . should be given, for example, to proposals· salute on.e of the finest people I know, last two .sentences of the editorial: emanating from- the Center for Strategic Mr.
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