Those who support the abortion liberty created by the U.S. Supreme Court exhibit what John T. Noonan, Jr. (A Private Choice, 1979) calls a “secret moral dynamism” (p. 89) to seek the expansion of the abortion liberty, even at the price of violating the conscience rights of others. In recent years in Congress, conscience protection votes have occurred in three areas (1) mandating federal health plans to provide benefits for contraceptives with abortifacient properties; (2) requiring medical schools to provide training for abortions; (3) clarifying and strengthening conscience protection in current federal law. Conscience issues have also been present in other contexts. See: Medical Training Non-Discrimination (ACGME); Federal Employees’ Health Benefits Plans; Abortion Non-Discrimination Act (ANDA); and Hyde Amendment.
On December 18, 2008, the Bush Administration issued a regulation that protects conscience rights by faithfully implementing existing law. On March 6, 2009, the Obama Administration issued a proposal to rescind the December 2008 regulation, asserting it is important “to review this regulation to ensure its consistency with current Administration policy and to reevaluate the necessity” for the regulations. The rescission proposal was formally published in the Federal Register on March 10, 2009. The public had 30 days to comment. The comment period ended April 9, 2009.
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