From .......... GOVERNING AMERICA - An Insider's Report

From the White House and the Cabinet

By Joseph A. Califano, Jr.

59 ................ ABORTION

The hearing began promptly at 10:00 A.M. After fifteen minutes in which I made a brief opening statement and received some generous praise from Chairman Russell Long, Senator Packwood began:

"Mr. Califano, you know I have some strong feelings about abortion...... What is your personal view on abortion ?"

The cameras turned on me, I began by expressing my recognition of the difficulty of the abortion issue and the sincerity and depth of feeling on all sides. I noted that Carter and I shared identical views on the subject, although we came from quite different religious, cultural, and social backgrounds. I then set forth my views:

"First, I personally believe that abortion is wrong.

Second, I believe that federal funds should not be used for the purpose of providing abortions.

Third, I believe that it is imperative that the alternatives to abortion be made available as widely as possible. Those alternatives include everything from foster care to day care, family planning programs to sex education, and especially measures to reduce teen-age pregnancies.

Finally, we live in a democratic society where every citizen is free to make his views known, to the Congress or to the courts. If the courts decide that there is a constitutional right in this country to have an abortion with federal funds, I will enforce that court order. If the congress changes its mind and amends the statute which it has passed, or passes other laws which direct that funds be provided for abortion, I will enforce those laws. I will enforce those laws as vigorously as I intend to enforce the other laws that I am charged with enforcing if I am confirmed, including laws against discrimination against women on the basis of sex in Title IX, the Title VI laws."

Packwood pressed:

''You are opposed and would he opposed to federal funds for abortions under any circumstances ..... if the life of the woman is jeopardized, if the fetus is carrying a genetic disease?"

I testified I did not oppose federal funding of abortion where carrying the fetus to term endangered the life of the mother. That was not as far as Packwood wanted me to go. Packwood continued:

"What I'm really interested in, Mr. Califano, what I would hope is that your feelings as a person would not interfere with the law, the enforcement of the laws."

I assured him that my personal views would not interfere with my enforcement of the law. Packwood asked what my recommendation would be for legislation in the future. The same as Carter's, I responded.

"We would recommend that federal funds not be used to provide abortions" in Medicaid or any other program.

Packwood's first-round time was up. The tension in the room eased a little as other senators asked questions on Social Security, balancing the budget, eliminating paperwork, busing, race discrimination, a separate department of education, Medicare and Medicaid management, handicapped rehabilitation programs, fraud and abuse in the welfare program, older Americans, alcoholism, and other matters prompted by special interest constituencies and the concerns of Americans that HEW intruded too deeply in their lives. The ever-present staffers whispered in senators' ears and passed their slips of paper from which senators read questions.

60 .................... GOVERNING AMERICA

Texas Senator Lloyd Bentsen tried to lighten the atmosphere as he began:

''Mr. Chairman, I am very pleased to see Mr. Califano here. I have known him for many years and have had a great respect for his ability, intelligence, integrity, and judgment Ñ until he took this job."

The room burst into laughter.

At about noon, it was Packwood's turn again. When our eyes engaged, it was a signal for all the buzzing and rustling in the room to stop. As I expected, he went right to abortion, asking how I would change the law if I had the power to do so. I told him that President Carter and I would support the ban on the use of federal funds for abortions except where the mother's life was at stake.

"That is the position ..... of the Carter administration," I concluded, quoting from one of the President elect's campaign statements.

Packwood felt so strongly about the issue his face went florid with anger.

I thought for an instant about raising the issue of rape and incest, but immediately decided against it. This abortion controversy would be with me and the President for a long time and I didn't want to go any further than absolutely necessary without careful thought.

With his blue eyes blinking in disbelief, Packwood's voice rose:

"If you had a choice .... your recommendation would be that no federal funds will be used for those two hundred and fifty or three hundred thousand poor women, medically indigent, mostly minorities, who could not otherwise afford abortions?"

I reiterated: that would be my recommendation and the position of the administration. When I expressed the need to provide alternatives to abortion, Packwood interrupted:

"How do you deal with teen-age pregnancies once the teen-ager is pregnant?"

I said we needed more sensitive, decent human alternatives, treating the pregnant teen-ager as a person, letting her remain in school or continue her education in a home. I also recognized the need for better sex education and more effective family planning programs.

Packwood expressed support for all such programs. Then, his voice again rising, he said,

"What we are saying, as far as the Carter program goes, with all the planned parenthood facilities, all the homes for unwed mothers, all the decent facilities to take care of them, if that woman wants to have an abortion and is poor and cannot afford it, tough luck."

The last two words came out in angry disgust.

- END QUOTE -

GOVERNING AMERICA- An Insider's Report

From the White House and the Cabinet

By Joseph A. Califano, Jr.

Published by Simon and Schuster 1981

ISBN 0-671-25428-6