By Dave Andrusko
Rhode Island RTL Executive Director Barth E. Bracy
The Rhode Island State Right to Life Committee (RIRTL)–joined by 28 members of the Rhode Island General Assembly—is challenging Governor Lincoln Chafee’s attempt to bypass the General Assembly to create a Health Benefits Exchange. Chaffee’s September 19, 2011, executive order flies in the face of the will of the General Assembly and its members, which rejected legislation creating the Exchange in June.
Making Chafee’s power play even more egregious is that Rhode Island subsequently received $58 million in new federal funds to help build the infrastructure for its health insurance benefits exchange from the Department of Health and Human Services, headed by pro-abortion Secretary Kathleen Sebelius.
In April, by a vote of 31-6, the state Senate passed a Health Benefits Exchange Act (a key component of ObamaCare) which Chafee opposed. Why? Because it had language that, consistent with longstanding state and federal law, prohibited government funds from being used to purchase health insurance plans that provide coverage for elective abortion. ObamaCare expressly permits any state to pass laws prohibiting coverage or funding for abortion, or various procedural requirements and limitations on abortions.
Subsequently, the Rhode Island House of Representatives not only failed to act on the Senate bill but also failed even to act on its own version of the bill, which did not contain any abortion-funding prohibition.
“The majority of state lawmakers want to maintain longstanding prohibitions against public funding for elective abortion even as they seek to create this new government entity,” said RIRTL Executive Director Barth E. Bracy. “Nearly a quarter of the General Assembly has openly joined our legal challenge, demanding their constitutional right to vote on the creation and powers of the health benefits exchange. Together, we stand against Governor Chafee’s extra-constitutional attempt to force Rhode Islanders to subsidize other people’s abortions under the guise of health care reform.”
RIRTL has retained the well-respected constitutional lawyer Joseph S. Larisa, Jr., to challenge Chafee’s attempt to create an Exchange by executive order. Larisa pointed out that “Until this order, no other Governor has attempted to bypass the legislature and create a health care exchange unilaterally,” a violation of Rhode Island’s separation of powers constitutional mandate.
“The question is not whether Rhode Island can create an exchange — it most surely can — the question is whether the Governor or the General Assembly possesses the power to create this powerful State entity and determine its governance,” Larisa added. “The Constitution places that power squarely in the hands of the General Assembly.”
That Chafee would chaff at limitations on abortion is hardly surprising. He is on the board of NARAL Pro-Choice America.
If that didn’t give NARAL enough access and leverage, Chafee’s top aide, Richard Licht, is chairman of NARAL’s board!
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