Ben Nelson Amendment Just As Bad As Stupak

Ben Nelson (D-NE) has just released the language of his anti-abortion amendment. Like he promised, it is as close to the Stupak language as possible. Just like the Stupak amendment, it would have an incredibly long reach, and could make abortion coverage extremely rare in this country. The most critical and far reaching part of the Nelson amendment is:

(1)IN GENERAL.—No funds authorized or appropriated by this Act (or an amendment made by this Act) may be used to pay for any abortion or to cover any part of the costs of any health plan that includes coverage of abortion, except in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself, or unless the pregnancy is the result of an act of rape or incest.

As you can see, this is identical to the same important provision of the Stupak amendment.

(a) In General- No funds authorized or appropriated by this Act (or an amendment made by this Act) may be used to pay for any abortion or to cover any part of the costs of any health plan that includes coverage of abortion, except in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself, or unless the pregnancy is the result of an act of rape or incest.

This phrase “any part of the costs of any health plan that includes coverage of abortion” gives the amendment huge reach. Just like in the House bill, “this Act” will provide a small amount of funding for tens of millions of people's insurance. There is the large employer re-insurance program, the risk adjustment mechanisms, the small business tax credits, etc. A single federal dollar ruins the whole risk pool potentially forcing many plans to stop covering abortion. Passing a health care reform bill with this amendment would be an unprecedented step backwards for reproductive rights. While it is unlikely to get enought votes on the floor, the real issue is will Reid be forced to add it to the final bill to get Nelson to be the 60th vote for cloture.