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

By Joseph A. Califano, Jr.

73 ..................... ABORTION

Until the mid-1960s, there were few such riders. By and large, House and Senate parliamentarians ruled them out of order because "substantive legislation" was not permitted on appropriations bills. But as the government funded more activities, the lines between substantive legislation and limits on the uses of federal funds became increasingly hard to draw. The more controversial the activities funded by the appropriations bill, the more frequent the attempt to restrict spending by riders.

No bill attracted more politically aggressive, true believing interest groups than the annual HEW appropriations bill. It had become honey for a host of political bees: riders prohibiting loans or grants to students who crossed state lines to incite to riot (a hangover from the Vietnam War), forbidding the use of funds for busing, limiting the use of funds to obtain civil rights enforcement information from schools.

Senator Warren Magnuson, Chairman of the Senate Appropriations Committee, told me during my first month in office.

But Magnuson's outburst was to prove nothing more than exasperated hope. For during the fall of 1977, he would be involved in the bare-knuckled, prolonged fight over the abortion rider on the HEW appropriations bill.

Some facts about abortions also helped inflame the issue. In 1975, the nation's capital had become the first city in America where abortions outnumbered births. As the congressional recess ended in September 1977, the District of Columbia government revealed that in 1976, legal abortions obtained by District residents totaled 12,945 an unprecedented one-third more than the city's 9,635 births. And 57 percent of the abortions 7,400 were paid for by the Medicaid program before the Hyde amendment went into effect on August 4. The high abortion rate in Washington, D.C., reflected the nationwide abortion rate among blacks, which was double that among whites.

With the Congress returning to Washington, the pro-abortionists moved to counter the right to life roses. On September 7, pro-abortion leader Karen Mulhauser announced a campaign to mail coat hangers to Representative Daniel Flood, the Pennsylvania Democrat who chaired the HEW appropriations subcommittee, and other anti-abortion members.

The first meeting of the House and Senate all-male cast of conferees on September 12 broke up almost as soon as it started. Magnuson and Massachusetts Republican Senator Edward Brooke (who, like Packwood, strenuously fought to fund abortions under Medicaid) vowed that they would not return to the conference table until the House voted on the Senate version of the abortion rider. House Committee Chairman Flood initially refused. But, under pressure from his colleagues who feared that funds for important HEW programs and paychecks for federal employees would be interrupted if no appropriations agreement were reached, Floyd took the Senate proposal to fund abortions where "medically necessary," to the House floor. On September 27, the House overwhelmingly rejected the Senate language, 252 to 164.

74 ................ GOVERNING AMERICA

Then Flood took Magnuson up on his earlier commitment to compromise if the House would first vote on the Senate language. But Magnuson was not prepared to give much and House conferees ridiculed his attempt to cover genetic disease, with statements that his suggestion would permit abortions where the child had a blue and brown eye. At one point Magnuson proposed limiting funding to situations where the life of the mother was at stake, cases of rape or incest, and situations involving "serious permanent health damage.''

When I heard about his proposal, I suspected the fine hand of Eunice Shriver. But Flood's initial reaction was scathing.

After House Speaker [Roman Catholic] Tip O'Neill complained that only pro-abortionists Magnuson and Brooke attended the conference for the Senate, thus making compromise near-impossible with the dozen House members usually present, more Senate conferees went to the meetings. The conversation became more civil, but the conferees were no closer to agreement as September 30, the end of the fiscal year and the end of HEW's authority to spend money, arrived.

Up to that point I had decided to stay out of the congressional fight over abortion. The administration view was well known. The President did not want to be part of any compromise that was more permissive than his anti-abortion campaign statements. It was one thing to carry out whatever law the Congress passed, quite another to take an active role in easing the restriction. Carter was committed to the former; he wanted no part of the latter.

Popular sentiment, reflected in the polls, was with the strict House view, and many pro-abortionists realized that. On October 6, for example, Norman Dorsen, head of the American Civil Liberties Union, in opposing a constitutional convention, cited his concern that a nationwide convention might be used to outlaw abortion completely. With that kind of popular support, the House was likely to hold to the strict limits on federal funding for abortions that Carter favored. Moreover, my conversations with members of Congress had led me to the conclusion that I could be of little, if any, help in drafting the substance of an eventual compromise. Abortion was such a profoundly personal issue that neither I nor a President who, during his first nine months of office, had already lost a good deal of respect on the Hill, would have much influence with individual members. Only once had I come close publicly to entering the debate during this time. I understood the depth of conviction and humane values that motivated most abortion advocates, but I was deeply offended by the cost-control, money-saving argument pushed by the staunchly pro-abortion Alan Guttmacher Institute, the research arm of the Planned Parenthood Federation of America. In late September, the Institute published a report claiming that the Hyde amendment would cost the public at least $200 million, for the first year of their life, to take care of children who could have been aborted under Medicaid.

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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