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American Life Lobby (2 of 4)
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Ronald Reagan Presidential Library
Digital Library Collections
This is a PDF of a folder from our textual collections.
Collection: Blackwell, Morton: Files
Folder Title: American Life Lobby (2 of 4)
Box: 1
To see more digitized collections visit:
https://reaganlibrary.gov/archives/digital-library
To see all Ronald Reagan Presidential Library inventories visit:
https://reaganlibrary.gov/document-collection
Contact a reference archivist at: [email protected]
Citation Guidelines: https://reaganlibrary.gov/citing
National Archives Catalogue: https://catalog.archives.gov/
WITHDRAWAL SHEET
Ronald Reagan Library
Collection: Blackwell, Morton C.: Files
Archivist: kdb/bcb
OA/Box: 12449 OA 9075
FOIA ID: F00-140 [Critchlow]
File Folder: American Life Lobby (2)
Date: 5/14/01
9/m4/25/08
DOCUMENT
SUBJECT/TITLE
DATE
RESTRICTION
NO. & TYPE
1. letter
Judie Brown to Peter Houk, 1p.
2/23/83
B6
2. mailgram
Judie Brown to William French Smith, 1p.
n.d.
B6
3. letter
Kim Warren Eddie to Judie Brown, 1p.
2/1/83
B6
RESTRICTIONS
B-1 National security classified information [(b)(1) of the FOIA].
B-2 Release could disclose internal personnel rules and practices of an agency [(b)(2) of the FOIA].
B-3 Release would violate a Federal statute [(b)(3) of the FOIA].
B-4 Release would disclose trade secrets or confidential commercial or financial information [(b)(4) of the FOIA].
B-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA].
B-7 Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA].
B-7a Release could reasonably be expected to interfere with enforcement proceedings [(b)(7)(A) of the FOIA].
B-7b Release would deprive an individual of the right to a fair trial or impartial adjudication [(b)(7)(B) of the FOIA]
B-7c Release could reasonably be expected to cause unwarranted invasion or privacy [(b)(7)(C) of the FOIA].
B-7d Release could reasonably be expected to disclose the identity of a confidential source [(b)(7)(D) of the FOIA].
B-7e Release would disclose techniques or procedures for law enforcement investigations or prosecutions or would disclose guidelines which could reasonably be
expected to risk circumvention of the law [(b)(7)(E) of the FOIA].
B-7f Release could reasonably be expected to endanger the life or physical safety of any individual [(b)(7)(F) of the FOIA].
B-8 Release would disclose information concerning the regulation of financial institutions [(b)(8) of the FOIA].
B-9 Release would disclose geological or geophysical information concerning wells [(b)(9) of the FOIA].
C. Closed in accordance with restrictions contained in donor's deed of gift.
Mrs. Heckler's First Test:
Response to Infanticide?
The general counsel of
DRAFT
DHHS proposes that state
agencies, not the Justice
Department, should pursue
cases like Infant Doe.
Reproduced here are the
actual pages of a memorandum
written for Richard S. Schweiker,
Secretary of the Department of
idrent
Health and Human Services, by
V
Juan A. del Real, general coun-
redicied
1
sel for the department on the
subject of infanticide and fed-
profess
will
eral regulation. We realize that
this memorandum is difficult to
read, and thus we quote the fol-
lowing pertinent paragraph
Remember! It was the Jus-
this memorandum to the atten-
from its second page:
tice Department that intervened
tion of Secretary Designate Mar-
"Guidelines versus regulation."
in the Robinson, Illinois, baby
garet Heckler (DHHS) and re-
"Although a regulation
case last May and made it pos-
quested that the President as
would have stronger legal force,
sible for the baby to be moved to
well as Mrs. Heckler look into
for several reasons, this memo-
a better facility, treated and
this matter of the memorandum
randum recommends issuance
subsequently adopted.
on the subject of infanticide and
of guidelines rather than regu-
Question: Why would the
try to determine why this cur-
lations. First, guidelines, unlike
counsel of DHHS not want Jus-
ious language is being used in a
regulations, do not need ap-
tice nvolved? Because he wants
memorandum that deals with
proval of the Justice Department
to drag his feet? Because he
the taking of the life of a new-
and OMB, thus avoiding what
really does not want to become
born infant.
in a number of instances has
involved with infanticide cases?
Mrs. Heckler, when first ap-
proven to be a very lengthy and
And, if not, why not?
proached on this matter, and
cumbersome process. Second,
Also note his use of the
later in the presence of the Pres-
guidelines provide greater flex-
phrase "unanticipated circum-
ident and Vice President Bush
ibility to the Department to ad-
stances"-what can that possi-
commented that the memoran-
just to unanticipated circum-
bly mean when one is dealing
dum, in form, probably became
stances in an area with which
with the taking of the life of a
public without the knowledge of
we have had little experience.
child already born? What pos-
General Counsel del Real. Mrs.
Third, because nothing in the
sible circumstances can result
Brown requested that the entire
guidelines is not supportable on
in a complaint regarding this
matter be investigated anyway,
the basis of existing regulations,
murder of little babies that would
as the memorandum was in
issuing the substance of the
not require the immediate action
direct conflict with the philo-
guidelines as a new regulation
of the DHHS officials as well as
sophy of President Reagan and
is not essential."
those of any other department
his position on the protection
of the federal government?
which each and every human
Please note that the general
American Life Lobby pres-
life must receive.
counsel for DHHS does not desire
ident Mrs. Judie Brown brought
Will Mrs. Heckler be
involvement of the Justice De-
this entire memorandum to the
asked questions about this
partment and OMB because of
attention of President Ronald
memorandum at her confir-
so-called "lengthy and cumber-
Reagan at a White House meet-
mation hearings in Febru-
some" processes.
ing January 21. She also brought
ary?
10 A.L.L. About Issues February 1983
1983 American Life Lobby
Will she, once officially
shared, to write at once to the
installed as secretary of
President and to congressmen
DHHS, move to correct the
and senators alike, in order to
language of this memoran-
make certain that any reported
HI! I'M
dum which suggests that
case of possible infanticide is
DHHS has no interest in act-
acted upon at once by the var-
SHIRLEY!
ing swiftly when complaints
ious departments of the govern-
regarding possible infanti-
ment, and further, that the del
cide are filed with her depart-
Real memorandum as printed
"HAVE YOU
ment?
above, be studied and corrected
READ MY
so that the public can be totally
Finally, on January 24, Mrs.
assured of the DHHS's complete
STORY?"
Judie Brown sent the following
willingness to do everything
telegram to U.S. Attorney Gen-
possible, in conjunction with
eral William French Smith and
Justice and OMB, to act on every
You'll laugh until you cry.
present Secretary of DHHS
single complaint of possible in-
THE EASY-TO-UNDERSTAND
Richard S. Schweiker:
fanticide reported to the various
TRAGEDY OF ABORTION
departments.
ORDER TODAY
"The Detroit Free Press,
President Ronald Reagan
Jan. 21, 1983, reports that there
"I KNOW THAT WE'RE A
1600 Pennsylvania Ave.
has been an attempt to withhold
Washington, DC 20500
treatment of a handicapp
THROW-AWAY SOCIETY
newborn at Lansing General
Congressman
U.S. House Office Bldg.
BUT THIS IS RIDICULOUS!"
Hospital, Lansing, Michigan.
"Please consider this an of-
Washington, DC 20515
by Dick
AVAILABLE
Hafer
FROM
ficial request for an investiga-
Senator
tion by your Civil Rights Div-
AMERICAN
U.S Senate Office Bldg.
ision for violation of this baby's
LIFE LOBBY
Washington, DC 20510
civil rights under Section 504 of
the Rehabilitation Act and other
We intend, at American Life
30*
Lobby, to track this question of
PER COPY
applicable statutes."
infanticide and pursue every
IN QUANTITIES
OF 101. 1000
Action for A.L.L. Readers:
available action known to us in
American Life Lobby urges
order to assure the total protec-
the readers of this item, as well
tion of the rights of all children
as those with whom this item is
born and preborn.
Support These Regs-
author 8..
They Defund the PP Lobby
ADVOCACY
"YOU'RE NOT
CARTOONING
SUPPOSED To
BET MUGGED
Office of Management and Budget (OMB) has proposed in
FOR
BY YOUR
the Jan. 24, 1983, Federal Register (pages 3348-3351) changes in
CONSERVATIVE
OWN ARMY"
the OMB Circular A122 which will limit the direct and indirect
CAUSES
WHERE WERE
support of lobbying and other advocacy activities by federal
You DURING
grantees and contractors such as Planned Parenthood Federa-
THE coup?"
tion of America and its affiliates.
THE MONSTER
It is extremely important that all pro-life people
THAT EATS
BUSINESS."
support adoption of these proposed regulations. For
further detailed information, including the entire proposed
changes, printed in the Federal Register, send a self-addresed,
hafer
stamped envelope to: American Life Lobby, PO Box 490,
THE COMICS COMMANDO
Stafford, VA 22554.
We will in turn send you our complete action alert on this
301/577-7036
subject. Time is of the essence-act now!
9530 ELUIS LANE, LANHAM, 20706
'983 American Life Lobby February 1983 A.L.L. About Issues 11
AMERICAN LIFE LOBBY INC.
NATIONAL HEADQUARTERS: MAILING ADDRESS: P.O. BOX 490, STAFFORD, VA 22554
OFFICES: ROUTE #6, BOX 162-F, STAFFORD, VA 22554
(763) 659-4171
METRO DC 690-2049
GOVERNMENT LIAISON OFFICE: 6B LIBRARY COURT SE (CAPITOL HILL) WASHINGTON, DC 20003 (202) 546-5550
PRESS RELEASE
PRESS RELEASE
PRESS RELEASE
PRESS RELEASE
For Immediate Release
CONTACT: Judie Brown
February 4, 1983
202-546-5550
REAGAN OFFICIAL ABORTS PRESIDENT'S
ANTI-INFANTICIDE EFFORT
DATELINE: Washington, DC ... The February edition of ALL ABOUT ISSUES,
the monthly magazine of the American Life Lobby, the largest pro-life
organization in America, reveals an internal memorandum from Juan del
Real, U. S. D. H. H. S. General Counsel, that prevents implementation
of a Presidential order to protect handicapped babies from infanticide.
Juan del Real, an Assistant General Counsel at DHHS under President Carter
and promoted to General Counsel by President Reagan, in a draft memorandum
to DHHS Secretary Schweiker, proposed weaker "guidelines" instead of regula-
tions which have the force of law to protect handicapped newborns.
The ALL ABOUT ISSUES edition to be mailed to subscribers this week quotes
the del Real memo as saying:
Although a regulation would have stronger legal force, for
several reasons, this memorandum recommends issuance of
guidelines rather than regulations, First, guidelines unlike
regulations, do not need the approval of the Justice Department
and OMB, thus avoiding what in a number of instances has proven
to be a very lengthy and cumbersome process. Second, guidelines
provide greater flexibility to the Department to adjust to
unanticipated circumstances in an area with which we have had little
experience. Third, because nothing in the guidelines is not supportable
on the basis of existing regulations, issuing the substance of the
guidelines as a new regulation is not essential.
This language has emasculated President Regan's directive to HHS entitled:
"Enforcement of Federal Laws Prohibiting Discrimination Against the
(more)
A.L.L. for God, for Life, for the Family, for the Nation"
Page Two
February 4, 1983
Hnadicapped. Issued aftertthe infanticide of Baby Doe in Bloomington,
Indiana in April, 1982.
Mrs. Judie Brown, President of American Life Lobby, publisher of the
magazine, said: "The effort of the Carter holdover General Counsel of DHHS
to emasculate the President's intention to vigorously enforce protection
of handicapped babies has succeeded because even though the guidelines
proposed by General Counsel del Real have not been issued, nothing has
been done to implement the anti-discrimination law."
"It is outrageous that President Reagan who professes to lead a pro-
life administration allows a Carter holdover to remain in his administra-
tion when he says of infanticide, which is baby murder, that the Depart-
ment ought to have 'greater flexibility.. to adjust to unanticipated
circumstances. said Mrs. Brown.
"That is comprimise with murder and is totally unacceptable from any
administration let alone a Pro-Life Reagan Administration", Mrs. Brown
concluded.
-30--
Editors Please Note: Enclosed are proof copies of the article from Feb-
ruary A.L.L. About Issues. A copy of the entire del Real memo is available
on request from 202/546-5550.
AMERICAN LIFE LOBBY INC.
NATIONAL HEADQUARTERS: MAILING ADDRESS: P.O. BOX 490, STAFFORD, VA 22554
OFFICES: ROUTE #6, BOX 162-F, STAFFORD, VA 22554
(703) 659-4171
METRO DC 690-2049
GOVERNMENT LIAISON OFFICE: 6B LIBRARY COURT SE (CAPITOL HILL) WASHINGTON, DC 20003
(202) 546-5550
PRESS RELEASE
January 29, 1983
FOR IMMEDIATE RELEASE
Mrs. Judie Brown, President of the American Life Lobby, Inc., the
largest pro-life organization (108,000 members) in the country, today
attacked President Reagan's FY1984 budget as "raising a white flag of
surrender to government waste and abuse because the proposed budget does
not reduce funding for the U.S. Department of Health and Human Services
(DHHS) Title X (of the Public Health Service Act) family planning pro-
gram.
Mrs. Brown continued, "An almost two year old Government Accounting
Office (GAO) Report identified waste and abuse totalling $48 million per
year in the Title X program. I have repeatedly brought this GAO Report
to the attention of officials at the White House, the Office of Manage-
ment and Budget (OMB) and DHHS, but the Reagan Administration 's FY1984
budget request ignores this documented waste.", Mrs. Brown said.
"By so doing, the Reagan Administration discredits its own budget
the day it appears. Acceptance of such waste means the budget as a
plan to reduced deficits is a fraud. If you don't cut waste you will
never stop the budget hemorrhage.", said Mrs. Brown.
Mrs. Brown concluded, "By continued funding of the Title X program
at the usual levels, the Reagan Administration has joined the social
pork barrel mentality that you can't cut even documented waste if it
is considered a 'people program'. Unfortunately, the President's budget
raises the white flag of surrender to waste and abuse."
-30-
A.L.L. for God, for Life, for the Family, for the Nation"
AMERICAN LIFE LOBBY INC.
NATIONAL HEAD ARTERS MAILING ADDRESS P O BOX 4 TARTORO VA 22554
CARICES ROUTE #6. BOX 162-F. STAFFORD
763) 659-4171
METRO DC 690
GOVERNMENT LIAISON OFFICE - LIBR RY COURT SE (CAPITOL HILLIW HING IN DC 2000 202) 546 5550
January 27, 1983
Honorable Charles A. Bowsher
Comptroller General of the United States
General Accounting Office
441 G St., N.W.
Washington, D. C. 20548
Dear Mr. Bowsher:
This will follow up the letter dated November 10, 1981 that you
received from Ms. Faye Wattleton, President of Planned Parenthood of
America, in which she told you "no Planned Parenthood affiliate or cli-
nic promotes abortion with or without public funds."
In light of that statement to you I believe you will be interested
in the enclosed "alert" from the National Family Planning and Reproduc-
tive Health Association Inc. dated December 10, 1982 which states in
part " only 1.4% (74 out of 5,200) of Title X clinic sites operating
in 1981 were abortion where abortion services were also provided." "Of
the remainder, 21 were operated by Planned Parenthood affiliates "
In other words during the same year Ms. Wattleton told you "No
Planned Parenthood affiliate or clinic promotes abortion", 21 clinics
operated by Planned Parenthood affiliates provided abortions.
I thin this will set the record straight with regard to the ver-
acity of the President of Planned Parenthood.
With God For Life,
(Mrs.) Judie Brown
President
cc: Senator Orrin Hatch
Senator Don Nickles
Senator Jeremiah Denton
JB/sm
A.L.L. " for God for Life, for the Family, or the Nation"
Tues -Oct 19
AMERICAN LIFE LOBBY INC.
11am
NATIONAL HEADQUARTERS: MAILING ADDRESS: P.O. BOX 490, STAFFORD, VA 22554
OFFICES: ROUTE #6, BOX 162-F, STAFFORD, VA 22554
(703) 659-4171
METRO DC 690-2049
GOVERNMENT LIAISON OFFICE: 6B LIBRARY COURT SE (CAPITOL HILL) WASHINGTON, DC 20003 546-5550
October 6, 1982
Hand Delivered
Mr. Morton Blackwell
Brenda
Special Assistant to the President
191 Old Executive Office Building
Washington, D. C. 20500
( Your)
Dear Morton:
3200
5044 -Buda
Judie Brown and I would like to meet with Don Moran, Kenneth Clark-
son and probably David Kleinberg of OMB and Steve Galesbach or who-
ever has cognizance over DHHS on the Domestic Policy Staff.
The purpose of the meeting would be to follow up on the meeting you
arranged last Spring to see what incremental actions the Administration could
take to provide some incremental gains for the pro-life movement.
We would like to discuss with these officials who have responsibility for
the Department of Health & Human Services certain actions that can be in-
cluded in the FY 1984 Budget Request for DHHS. Among other DHHS issues
we would like to discuss:
1. Cuts in the Title X Public Health Service Act based on two crit-
ical GAO reports, testimony before the Appropriations Committees
of Congress and the September 1981 budget amendments submitted
to the Congress by the Administration.
2. Appropriations language for the Title X program.
3. Appropriations language for the FY 1984 bill relative to the Na-
tional Institutes of Health.
4. Discussion of actions by the Administration to prevent the re-
occurance of the improper handling of the 17,000 aborted babies
that were found in the shipping container in California. (Some
specimen in that container were from Indian Health Service Clinics.)
Because the FY 1984 DHHS budget is now under review we would ap-
preciate a meeting as soon as possible this week or next except Monday,
October 11.
Steve 6520
Mike Me Cammell
6610
Sincerely, Gary Curran
Dave Newhall
Legislative Consultant
Dr folm Marchall Careerent Public Health
A.L.L.
for God, for Life, for the Family, for the Nation"
RONALD W. REAGAN LIBRARY
THIS FORM MARKS THE FILE LOCATION OF ITEM NUMBER 1-3 LISTED ON THE
WITHDRAWAL SHEET AT THE FRONT OF THIS FOLDER.
AMERICAN LIFE LOBBY INC.
NATIONAL
MA ING ADDRE
BOX 1
NOV 10 REC'D MB
November 9, 1982
Mr. Joseph R. Wright, Jr.
Deputy Director
OMB
252 Old Executive Office Building
Washington, D. C. 20503
Dear Mr. Wright:
1 am the person who this afternoon asked you about the inconsistent
OMB regulations concerning use by grantees of Federal grant funds for
payment of dues to organizations that lobby.
Enclosed please find a copy of pages of GAO Report HRD 82-106
dated September 24, 1982 that 1 mentioned. I specifically call your
attention to the last sentence on page 24 and the first two sentences
on page 25. 1 hope that you will immediately act to amend these rules
so that there will be a consistent prohibition on use of Federal grant
funds for dues to lobbying organizations. Such action will, 1 am confi-
dent, save millions of dollars each year or at least make them available
for use for the program goal for which they were authorized and ap-
propriated.
1 also call your attention to GAO Report HRD 81-68 and the Ameri-
can Life Lobby testimony (both enclosed) before Congress in which, on
the basis of GAO Report HRD 81-68, we requested a $48 million cut in
FY 1983 in the Title X Public Health Service Act program. I hope after
reading the GAO Report and our testimony you will act to insure that
the waste and abuse documented by GAO is eliminated by cutting the
Title X program by at least $48 million in the Administration's FY 1984
budget.
1 would welcome the opportunity to discuss these matters with you
in turther detail. I look forward with anticipation to your response.
With kind regards.
CC: Mrs. Elizabeth Dole
Diana Lozano
Morton Blackwell
Ken Duberstein
Guy Sincerely, Gary/L. J hemon Curran
Edwin Harper
Legislative Consultant
Steve Galesbach
Kenneth Clarkson
A.L
for
Life, fc
the Nation
AMERICAN LIFE LOBBY INC.
NATIONAL HEADQUARTERS MAILING ADDRESS P.O. BOX 490, STAFFORD, VA 22554
OFFICES ROUTE 16. BOX 162-F, STAFFORD VA 22554
(703) 659-4171
METRO DC 6 0-2049
GOVERNMENT LIAISON OFFICE 68 LIBRARY COURT SE (CAPITOL HILL) WASHINGTON, DC 20003 (202) 546-5550
February 17, 1983
Miss Betty Lou Dotson
Director
Office of Civil Rights
DHHS Building - Room 5250
330 Independence Ave., S.W.
Washington, D. C. 20201
Dear Miss Dotson:
Enclosed please find a list of six reports/complaints made tooyour
office or to that of various DHHS Regional Civil Rights Offices concern-
ing attempted infanticide during the past nine months.
This is not an inclusive list of such complaints. We have reason to
believe that other complaints have been made or referred to DHHS including
some about hospitals in the Boston, Massachusetts area.
Please send me a copy of all complaints of possible infanticide re-
ceived by your office since January 1, 1981 annoted with the current sta-
tus of the DHHS investigation of each of these complaints and a copy of
the final report on each complaint.
With kind regards.
Sincerely,
Gerry Gary L. Curran 1 Curson
Legislative Consultant
GLC/sm
A.L.L.
"
for God, for Life, for the Family, for the Nation"
KNOWN RECENT REPORTS/COMPLAINTS TO U.S. DHHS OF ATTEMPTED INFANTICIDE
DHHS OFFICE WHERE
DATE
INFANTICIDE COM-
HOSPITAL
CITY & STATE
PLAINT WAS FILED
May 82
Crawtord Memorial
Robinson, IL
Chicago/Washington
May/June 82
Tale-New Haven
New Haven, CT
Washington
July 8.
Ketterline
Dayton, OH
Chicago
Sept. 6.'
Cood Shepherd
Barrington, IL
Chicago
Nov. 82
St. Francis
Tulsa, OK
Washington/Dallas
Feb. 24, 1983
Lansing General
Lansing, MI
Washington
AMERICAN LIFE LOBBY INC.
NATIONAL HEADQUARTERS: MAILING ADDRESS P.O. BOX 490 STAFFORD. VA 22554
OFFICES ROUTE #6, BOX 162-F. STAFFORD, VA 2255.0
(703) 659-4171
METRO DC 690-2049
GOVERNMENT LIAISON OFFICE 6B LIBRARY COURT SE (CAPITOL HILL) WASHINGTON, DC 20003 (202) 546-5550
November 19, 1982
Ho norable Richard S. Schweiker
Secretary
Department of Health and Human Services
200 Independence Ave., S.W.
Washington, D. C. 20201
Dear Mr. Secretary:
On June 19, 1981, seventeen months ago, the Government Accounting
Office issued Report HRD 81-68 entitled "Family Planning Clinics Can Provide
Services At Less Cost But Clearer Federal Policies Are Needed" that was
critical of the Title X Public Health Service Act family planning program.
The American Life Lobby based on this GAO Report has estimated that
$48 million in waste and abuse in this program could be saved if action were
taken as recommended by GAO.
To date nothing has been done by your Department to "clean up the
act" of the Title X program. For example John H. Kelso, then acting Ad-
ministrator of the Health Services Administration, submitted a report to the
House Appropriations Committee responding to the criticisms of GAO Report
81-68 and to that Committee's Report 97-251 which on page 17 called on
DHHS to make "any recommendations it can make to improve the operations
of the program relative to the issues raised in the General Accounting Of-
fice Report."
The DHHS report by John Kelso said DHHS is "closely monitoring
"guidelines are currently under revision "regional office staff will con-
duct random program review " is bureaucratic gobbledygook. I pointed
this out in my testimony to the House Appropriations Subcommittee on Ap-
ril 28, 1982 nine months after GAO Report HRD 81-68 was released.
It is now exactly seventeen months since the GAO Report and HHS
has done nothing. No change in guidelines to reflect anything contained
in the GAO Report; no new regulations have even been proposed let alone
been promulgated.
Unfortunately I must conclude that HHS is sweeping this whole question
of waste and abuse totaling as much as $48 million dollars under the rug.
Now another GAO Report HRD 82-106 dated September 24, 1982 has been
issued which is critical of the lobbying and abortion related services carried
-1-
A.L.L.
for God, for Life, for the Family, for the Nation"
page 2
out by grantees of this program.
In light of the inaction of your Department concerning the first GAO
Report and now with a second critical report I call on you to personally
involve yourself in order that the mess in the Title X program gets cleaned
up immediately.
Anything short of your personal involvement will signify your acqui-
escence in what amounts to a bureaucratic cover-up of millions of dollars
of waste and abuse.
With God for Life,
Judie Brown
President
CC: Senator Orrin Hatch
Senator Jeremiah Denton
Senator Harrison (Jack) Schmitt
Congressman William Natcher
Congressman Henry Waxman
Congressman John Dingell
JB/sm
AMERICAN LIFE LOBBY INC.
NATIONAL HEADQUARTERS: MAILING ADDRESS: P.O. BOX 490, STAFFORD, VA 22554
OFFICES: ROUTE #6, BOX 162-F, STAFFORD, VA 22554
(703) 659-4171
METRO DC 690-2049
GOVERNMENT LIAISON OFFICE: 6B LIBRARY COURT SE (CAPITOL HILL) WASHINGTON, DC 20003 (202) 546-5550
PRESS RELEASE
Hold For Release:
March 29, 1983 10:00 a.m.
For More Information Contact:
Gary Curran - 202/546-5550
after 3/29 - 617/485-8484
AMERICAN LIFE LOBBY REQUESTS FEDERAL INVESTIGATION
OF 20 INFANTICIDE CASES AT CONNECTICUT HOSPITALS
The American Life Lobby today released a letter to U. S. Department
of Health & Human Services (DHHS) Secretary Heckler requesting an investi-
gation of 20 cases of possible infanticide of handicapped babies at Con-
necticut hospitals reported in an October 1982 Connecticut Department of
Human Services study citing an instance of a 19 day long starvation of a
handicapped baby and five cases where death occurred due to withdrawal of
care because "poor quality lives" might result if they were allowed to
live.
Gary Curran, Legislative Consultant to American Life Lobby, released
the letter this morning during an appearance on the Sherye Henry Show
on WOR Radio in New York City.
This is the fifth instance of infanticide that the American Life
Lobby has requested U.S. DHHS to investigate in the last ten months. The
federal agency has investigated over 12 complaints of infanticide in the
same period.
Curran, in the letter to Secretary Heckler, pointed to five cases
reported in the Connecticut study where "decisions were made to with-
draw respiration 'from these infants apparently based on prognosis of
poor quality lives" and asked if this was "the Bloomington Baby Doe five
times over. " In the Bloomington, Indiana infanticide in April 1982, a
retarded child was starved to death by parents, doctors and hospital with
state court approval causing a national outcry.
MORE
A.L.L.
for God, for Life, for the Family, for the Nation"
INFANTICIDE con't.
PAGE TWO
The American Life Lobby, the nation's largest (108,000 member) pro-
life/pro-family organization, led the fight to establish new federal
regulations, which went into effect March 22, 1983, to protect the lives
of handicapped newborn babies. The new regulations require a notice be
posted in hospitals warning that withholding treatment or nutrition to
a handicapped person is a violation of federal law and provides a hot-
line 800 phone number to report such cases.
-30-
Editor's Note:
Gary Curran will meet the press at a press conference at 2:00 p.m.
on Tuesday, March 29 at:
Highland Heights
651 Prospect St.
New Haven, CT
Secretary Heckler's phone number: 202/245-7000
The DHHS Press Office phone number: 202/245-1850
The U.S. DHHS investigative office is the Office for Civil Rights:
202/245-6403
American Life Lobby, Inc.
NATIONAL HEADQUARTERS: MAILING ADDRESS: P.O. BOX 490, STAFFORD, VA 22554
OFFICES: ROUTE #6, BOX 162-F, STAFFORD, VA 22554
(703) 659-4171
September 13, 1983
Executive
Morton Blackwell
Board
Special Assistant to the President
President
The White House
Judie Brown
Washington, DC 20500
Secretary
Susan M. Sassone
Treasurer
Dear Mr. Blackwell:
Walter L. Avery
National
Would you agree to lend your name to our Committee of
Advisory
Special Friends for American Life Lobby?
Board
Ladd Alexander, CLU
As President, I would be proud to count you as a friend
Theodore H. Amshoff. Jr.
of America's largest pro-life activist organization.
Bobbie Ames
Gabrielle Avery
William Brennan, Ph.D.
American Life Lobby (A.L.L.) has led the fight nation-
Paul A. Brown
wide to stop the killing of innocent pre-born human lives by
Gary Crum. Ph.D.
abortion.
Peggy Cuddy
Eugene F. Diamond, M.D.
Rep. Robert K. Dornan
We at A.L.L. have rallied over 130,000 pro-life Americans
Michael M. Donovan, M.D.
Pat Driscoll
to fight for the Paramount Human Life Amendment to the U.S.
Rev. Edwin P. Elliott, Jr.
Constitution, to ban the evil of abortion.
Jose C. Espinosa, M.D.
Olga Fairfax, Ph.D.
James H. Ford, M.D.
We also fight for legislation in Congress to protect the
Bishop Joseph M. Harte
right to life of pre-born babies and handicapped children, and
Mary Jo Helland
to offer alternatives to abortion like adoption.
John F. Hillabrand, M.D.
Vicky Iwai
Rep. Jim Jeffries
This year and next, A.L.L. plans to launch an all-out push
Jacqueline Kasun, Ph.D.
to pass the Paramount Human Life Constitutional Amendment in
Mary Ann Kuharski
Wilma Leftwich
Congress.
Bettye J. Lewis
Lore Maier
With the recent pro-abortion Supreme Court decisions,
Rev. Paul Marx, O.S.B.
Rep. Larry P. McDonald
this Constitutional Amendment is our best hope to stop
Onalee McGraw, Ph.D.
abortion.
Walter Mengden
Murray Norris, Ph.D., J.D.
Prof. Charles E. Rice
But much depends on your help.
Liz Sadowski
Robert L. Sassone, Esq.
Your endorsement, as a member of our Committee of Special
Joseph M. Scheidler
Michael Schwartz
Friends, is critically needed to help build our public support and
William Sears, M.D.
enlist more Americans in our fight against abortion.
Leonie Watson, M.D.
June Webb. R.N.
Mary Winter
Please sign the enclosed Acceptance Form, enclose a photo of
yourself if possible, and return it to me today in the enclosed
postage-free envelope.
A.L.L.
for God, for Life, for the Family, for the Nation
"But because thou art lukewarm, and neither cold, nor hot, I will begin to vomit thee out of my mouth" (Rev. 3:16)
Page 2
Thank you on behalf of America's pre-born children.
Sincerely,
Jush (Mrs.) Judie Brown
President
P.S. If you have time, I would also appreciate a short state-
ment from you on the need for Americans to fight abortion
through American Life Lobby. Thank you.
AMERICAN LIFE LOBBY INC.
NATIONAL HEADQUARTERS: MAILING ADDRESS: P.O. BOX 490, STAFFORD, VA 22554
OFFICES: ROUTE #6, BOX 162-F, STAFFORD, VA 22554
(703) 659-4171
METRO DC 690-2049
GOVERNMENT LIAISON OFFICE: 6B LIBRARY COURT SE (CAPITOL HILL) WASHINGTON, DC 20003
(202) 546-5550
PRESS RELEASE
March 9, 1983
For Immediate Release
PRO-LIFE GROUP COMMENDS AND WARNS DHHS ON ANTI-INFANTICIDE REGULATIONS
Mrs. Judie Brown, President of American Life Lobby Inc. the largest
pro-life, pro-family organization in the country in commending the admin-
istration for new regulations to enforce prohibitions against infanti-
cide of handicapped newborns, warned the administration and the U. S.
Department of Health & Human Services (DHHS) saying, "These are very
good regulations but they will not save a single baby's life without
vigorous investigation and prosecution of violators by a heretofore le-
thargic bureaucracy at DHHS."
Mrs. Brown today released a letter received by her organization
from the Office of Civil Rights at DHHS saying, "This letter is proof
positive that the Office of Civil Rights cares very little about in-
fanticide."
Mrs. Brown said, "The March 2 letter acknowledges receipt of six
infanticide complaints but admits it doesn't know the current status
of the investigations or have copies of any of the reports on them."
"This letter shows an appalling lack of concern about the killing
of little handicapped babies on the part of the DHHS Office of Civil
Rights," Mrs. Brown said.
Mrs. Brown warned incoming DHHS Secretary Margaret Heckler, "It is
imperative that Mrs. Heckler personally oversee the operation of the
Office of Civil Rights to insure that the complaints, made through the
Hot Line "800" number set up under the regulations issued March 7, 1983,
are swiftly investigated. The Department's lethargic track record on
investigating six infanticide complaints gives reason for concern that
there is potential for scandalous lack of action on future complaints.' "
Mrs. Brown concluded, "I hope Mrs. Heckler, particularly with her
strong endorsement of these new regulations at her confirmation hear-
ings, will keep a very close watch on this program. "
-30-
A.L.L.
"
for God, for Life, for the Family, for the Nation"
DEPARTMENT OF HEALTH AND HUMAN SERVICES
OFFICE OF THE SECRETARY
WASHINGTON, D.C. 20201
RECEIVE 3/4/83
Mr. Gary L. Curran
Legislative Consultant
American Life Lobby. Inc.
6B Library Court, S.E.
Washington, D.C. 20003
Dear Mr. Curran:
This is to acknowledge your request for a copy of all complaints of
possible infanticide received by the Office for Civil Pights since
January 1, 1981, and the current status of our investication of each
complaint. The list of six complaints, which you subritted, have
been filed with our office.
Our regional offices have the responsibility for investigating
complaints of discrimination and enforcing devartmental regulations
within the geographical areas under their jurisdiction. They have
been informed of your request and instructed to forward to ny office
the information you have requested. It will be wailed to you as
soon as possible.
Sincerely yours,
Nathon D. Dick
Nathan 1). Dick
Deputy Director
Office of Program Operations
Office for Civil Pights
GEORGE K. BERNSTEIN
ATTORNEY AT LAW
1730 K STREET, N.W.
WASHINGTON, D.C. 20006
(202) 452-8010
NEW YORK OFFICE
70 PINE STREET
NEW YORK, N.Y. 10005
(212) 344-9292
April 7, 1983
Honorable Faith Whittlesey
Assistant to the President
for Public Liaison
The White House
Washington, D. C. 20500
Dear Ambassador Whittlesey:
Jack Moseley, Mark Bloomfield and I very much appreciate
your taking the time to see us on H.R. 100 and S. 372. we
are actively pursuing the areas we discussed.
I enclose a copy of the telegram testimony submitted
at the Florio hearings on February 22 by the American Life
Lobby.
Sincerely,
/s/
George K. Bernstein
Enclosure
CC: Dee A. Jepsen
Special Assistant to the President
Nancy Risque
Deputy Assistant to the President
ШИ
Telegram
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TELEGRAM
February 24, 1983
Honorable James J. Florio, Chairman
Subcommittee on Commerce Transportation & Tourism
Committee on Energy and Commerce
2125 Rayburn Office Building
Washington, D. C. 20515
It has just come to our attention that Section 3(8) of H.R. 100
is identical to S2204 of the 97th Congress and will require that all
health insurance include mandatory maternity coverage which will
vastly increase the cost of health insurance to senior citizens, single
people and others such as Catholic priests and nuns who will never have
need for maternity benefits.
We respectfully request time to appear to testify against this
mandatory benefit which will also require everyone to pay for coverage
of abortion on demand.
(Mrs.) Judie Brown
President
American Life Lobby
6 Library Court S.E.
Washington, D. C. 20003
(202) 546-5550
cc: Archbishop John R. Roach, D.D.
President; National Conference of Catholic
Bishops/U.S. Catholic Conference
1312 Massachusetts Ave., N.W.
Washington, D. C. 20005
Mr. Arthur Bouton, President
American Assn. of Retired Persons
1909 K St., N.W.
Washington, D. 20049
MJ 1211 (RI-70)
AMERICAN LIFE LOBBY INC.
NATIONAL HEADQUARTERS: MAILING ADDRESS: P.O. BOX 490, STAFFORD, VA 22554
OFFICES: ROUTE #6, BOX 162-F. STAFFORD, VA 22554
(703) 659-4171
METRO DC 690-2049
GOVERNMENT LIAISON OFFICE 6B LIBRARY COURT SE (CAPITOL HILL) WASHINGTON, DC 20003 (202) 546-5550
PRESS RELEASE
PRESS RELEASE
PRESS RELEASE
PRESS RELEASE
For Immediate Release
CONTACT: Judie Brown
February 4, 1983
202-546-5550
REAGAN OFFICIAL ABORTS PRESIDENT'S
ANTI-INFANTICIDE EFFORT
DATELINE: Washington, DC
The February edition of ALL ABOUT ISSUES,
the monthly magazine of the American Life Lobby, the largest pro-life
organization in America, reveals an internal memorandum from Juan del
Real, U. S. D. H. H. S. General Counsel, that prevents implementation
of a Presidential order to protect handicapped babies from infanticide.
Juan del Real, an Assistant General Counsel at DHHS under President Carter
and promoted to General Counsel by President Reagan, in a draft memorandum
to DHHS Secretary Schweiker, proposed weaker "guidelines" instead of regula-
tions which have the force of law to protect handicapped newborns.
The ALL ABOUT ISSUES edition to be mailed to subscribers this week quotes
the del Real memo as saying:
Although a regulation would have stronger legal force, for
several reasons, this memorandum recommends issuance of
guidelines rather than regulations. First, guidelines unlike
regulations, do not need the approval of the Justice Department
and OMB, thus avoiding what in a number of instances has proven
to be a very lengthy and cumbersome process. Second, guidelines
provide greater flexibility to the Department to adjust to
unanticipated circumstances in an area with which we have had little
experience. Third, because nothing in the guidelines is not supportable
on the basis of existing regulations, issuing the substance of the
guidelines as a new regulation is not essential.
This language has emasculated President Regan's directive to HHS entitled:
"Enforcement of Federal Laws Prohibiting Discrimination Against the
(more)
A.L.L.
for God, for Life, for the Family, for the Nation"
Page Two
February 4, 1983
Hnadicapped. Issued after the infanticide of Baby Doe in Bloomington,
Indiana in April, 1982.
Mrs. Judie Brown, President of American Life Lobby, publisher of the
magazine, said: "The effort of the Carter holdover General Counsel of DHHS
to emasculate the President's intention to vigorously enforce protection
of handicapped babies has succeeded because even though the guidelines
proposed by General Counsel del Real have not been issued, nothing has
been done to implement the anti-discrimination law."
"It is outrageous that President Reagan who professes to lead a pro-
life administration allows a Carter holdover to remain in his administra-
tion when he says of infanticide, which is baby murder, that the Depart-
ment ought to have 'greater flexibility... to adjust to unanticipated
circumstances. said Mrs. Brown.
"That is comprimise with murder and is totally unacceptable from any
administration let alone a Pro-Life Reagan Administration", Mrs. Brown
concluded.
-30-
Editors Please Note: Enclosed are proof copies of the article from Feb-
ruary A.L.L. About Issues. A copy of the entire del Real memo is available
on request from 202/546-5550.
Mrs. Heckler's First Test:
Response to Infanticide?
The general counsel of
DRAFT
DHHS proposes that state
/
agencies, not the Justice
Department, should pursue
3ther
=
vace:
V
some"
Guidellies
cases like Infant Doe.
Reproduced here are the
SUNJKCY: 15 mg as "nonk truell pure - int real
:
actual pages of a memorandum
with
the
-
any
-
written for Richard S. Schweiker,
This
focus
the
Secretary of the Department of
that
11115
1110
Health and Human Services, by
give
tions
livise
the
Juan A. del Real, general coun-
conjenits
1:83.9
sel for the department on the
notice
resulta
"
subject of infanticide and fed-
would
1
world
eral regulation. We realize that
jublic
this memorandum is difficult to
read, and thus we quote the fol-
lowing pertinent paragraph
Remember! It was the Jus-
this memorandum to the atten-
from its second page:
tice Department that intervened
tion of Secretary Designate Mar-
"Guidelines versus regulation."
in the Robinson, Illinois, baby
garet Heckler (DHHS) and re-
"Although a regulation
case last May and made it pos-
quested that the President as
would have stronger legal force,
sible for the baby to be moved to
well as Mrs. Heckler look into
for several reasons, this memo-
a better facility, treated and
this matter of the memorandum
randum recommends issuance
subsequently adopted.
on the subject of infanticide and
of guidelines rather than regu-
Question: Why would the
try to determine why this cur-
lations. First, guidelines, unlike
counsel of DHHS not want Jus-
ious language is being used in a
regulations, do not need ap-
tice involved? Because he wants
memorandum that deals with
proval of the Justice Department
to drag his feet? Because he
the taking of the life of a new-
and OMB, thus avoiding what
really does not want to become
born infant.
in a number of instances has
involved with infanticide cases?
Mrs. Heckler, when first ap-
proven to be a very lengthy and
And, if not, why not?
proached on this matter, and
cumbersome process. Second,
Also note his use of the
later in the presence of the Pres-
guidelines provide greater flex-
phrase "unanticipated circum-
ident and Vice President Bush
ibility to the Department to ad-
stances"-what can that possi-
commented that the memoran-
just to unanticipated circum-
bly mean when one is dealing
dum, in form, probably became
stances in an area with which
with the taking of the life of a
public without the knowledge of
we have had little experience.
child already born? What pos-
General Counsel del Real. Mrs.
Third, because nothing in the
sible circumstances can result
Brown requested that the entire
guidelines is not supportable on
in a complaint regarding this
matter be vestigated anyway,
the basis of existing regulations,
murder of little babies that would
as the memorandum was in
issuing the substance of the
not require the immediate action
direct conflict with the philo-
guidelines as a new regulation
of the DHHS officials as well as
sophy of President Reagan and
is not essential."
those of any other department
his position on the protection
of the federal government?
which each and every human
Please note that the general
American Life Lobby pres-
life must receive.
counsel for DHHS does not desire
ident Mrs. Judie Brown brought
Will Mrs. Heckler be
involvement of the Justice De-
this entire memorandum to the
asked questions about this
partment and OMB because of
attention of President Ronald
memorandum at her confir-
so-called "lengthy and cumber-
Reagan at a White House meet-
mation hearings in Febru-
some" processes.
ing January 21. She also brought
ary?
10 A.L.L. About Issues February 1983 1983 American Life Lobby
Will she, once officially
shared, to write at once to the
installed as secretary of
President and to congressmen
DHHS, move to correct the
and senators alike, in order to
language of this memoran-
make certain that any reported
HI! I'M
dum which suggests that
case of possible infanticide is
DHHS has no interest in act-
acted upon at once by the var-
SHIRLEY!
ing swiftly when complaints
ious departments of the govern-
regarding possible infanti-
ment, and further, that the del
cide are filed with her depart-
Real memorandum as printed
"HAVE YOU
ment?
above, be studied and corrected
READ MY
so that the public can be totally
Finally, on January 24, Mrs.
assured of the DHHS's complete
STORY?"
Judie Brown sent the following
willingness to do everything
telegram to U.S. Attorney Gen-
possible, in conjunction with
eral William French Smith and
Justice and OMB, to act on every
You'll laugh until you cry.
present Secretary of DHHS
single complaint of possible in-
THE EASY-TO-UNDERSTAND
Richard S. Schweiker:
fanticide reported to the various
TRAGEDY OF ABORTION .
departments.
ORDER TODAY
"The Detroit Free Press,
President Ronald Reagan
Jan. 21, 1983, reports that there
"I KNOW THAT WE'RE A
1600 Pennsylvania Ave.
has been an attempt to withhold
Washington, DC 20500
treatment of a handicapped
THROW-AWAYSOCIETY
newborn at Lansing General
Congressman
U.S. House Office Bldg.
BUT THIS IS RIDICULOUS!"
Hospital, Lansing, Michigan.
"Please consider this an of-
Washington, DC 20515
by Dick
AVAILABLE
Hafer
FROM
ficial request for an investiga-
Senator
AMERICAN
tion by your Civil Rights Div-
U.S. Senate Office Bldg.
ision for violation of this baby's
LIFE LOBBY
Washington, DC 20510
civil rights under Section 504 of
the Rehabilitation Act and other
intend, at American Life
30*
Lobby, to track this question of
PER COPY
applicable statutes."
infanticide and pursue every
IN QUANTITIES
OF 101 - 1000
Action for A.L.L. Readers:
available action known to us in
American Life Lobby urges
order to assure the total protec-
the readers of this item, as well
tion of the rights of all children
as those with whom this item is
born and preborn.
Support These Regs-
author of...
They Defund the PP Lobby
ADVOCACY
"YOU'RE NOT
CARTOONING
SUPPOSED TO
GET MUGGED
Office of Management and Budget (OMB) has proposed in
FOR
BY YOUR
the Jan. 24, 1983, Federal Register (pages 3348-3351) changes in
CONSERVATIVE
OWN ARMY"
the OMB Circular A122 which will limit the direct and indirect
CAUSES
"WHERE WERE
support of lobbying and other advocacy activities by federal
You DURING
grantees and contractors such as Planned Parenthood Federa-
THE coup?"
tion of America and its affiliates.
"THE MONSTER
It is extremely important that all pro-life people
THAT EATS
BUSINESS."
support adoption of these proposed regulations. For
further detailed information, including the entire proposed
changes, printed in the Federal Register, send a self-addresed,
dick hafer
stamped envelope to: American Life Lobby, PO Box 490,
THE COMICS COMMANDO
Stafford, VA 22554.
We will in turn send you our complete action alert on this
301/577-7036
subject. Time is of the essence-act now!
9530 ELUIS LANE, LANHAM MD. 20706
1983 American Life Lobby
February 1983 A.L.L. About Issues 11
Telegram
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TELEGRAM
May 25, 1983
John S. Herrington
Assistant to the President and
Director, Presidential Personnel
The White House
Washington, D.C. 20500
Press reports indicate Morris B. Abram of New York is under consideration
for nomination by the President to the U.S. Civil Rights Commission.
The American Life Lobby vigorously opposes Morris Abram for nomination by
President Reagan because he chaired the President's (Carter) Commission for
the Study of Ethical Problems in Medicine and Biomedical and Behavioral Re-
search which publicly opposed (N.Y. Times March 13, 1983) The "Baby Doe"
anti-infanticide regulations that President Reagan personally endorsed in his
March 8, 1983 Orlando, Florida speech.
Abram also opposed legislative efforts to protect handicapped newborns in a
June 16, 1982 article in the Wall Street Journal.
Opposition to protections for handicapped newborn babies should not be re-
warded with a nomination by a "Pro-Life" President.
Do not nominate or recess appoint Morris Abram.
Judie Brown, President
American Life Lobby
6 Library Court, S.E.
Washington, D.C. 20003
202/546-5550
1211 (RI-70)
Medicine, Morality and Life and Death
the cases and circumstances with which
By MORRIS B. Abram
the President's Commission is wrestling as
The Indiana Supreme Court recently al-
it prepares its report on the ethical princi-
lowed parents to decide to forgo surgery
ples involved in decisions to forgo medical
essential for the life of their Down's syn-
treatment. The report IS expected to be
drome newborn. The infant died, princi-
completed by the end of this year.
pally from starvation. This incident raised
Few dogmatic positions withstand rigor-
starkly the question of when and on whose
ous examination. Two come close: respect
say it is right to withdraw medical treat-
for personal autonomy as expressed in the
ment. The "Bloomington baby" died as
wishes of a competent patient, and the
lawyers boarded a plane for Washington to
duty of health-care professionals to heal
seek a federal stay of the Indiana Supreme
and relieve suffering. But these principles
Court's decision.
are sometimes ambiguous or in conflict.
The moral question in the case cannot
Death by nature's hand before the age of
be buried with the child; it will recur in-
medical miracles relieved us of some
creasingly as medical science and technol-
moral choices that now grow more per.
ogy extend the potential for preserving the
plexing in cases where the patient is in-
life of extremely ill patients.
competent by reason of age or condition.
Yet decisions to omit treatment are
In the Bloomington case, public re-
made.daily, usually near the bedside by
sponse to the decision to forgo treatment
the medical team. the family. clergy and,
has been overwhelmingly negative because
in some hospitals, ethics committees. Few
of the widespread feeling that a Down's
such decisions are contested or brought
syndrome defect is not a sufficient basis
into court because they are probably as
for withholding care. The case is perceived
morally correct as humans can accom-
as a big step down the "slippery slope.' an
plish.
instance of parents and courts playing God
by rejecting life deemed not of sufficient
These decisions respond to the tensions
"quality."
of the competing demands on the physician
to sustain life and to relieve suffering: the
The quality of life is an elusive concept.
family's preference for life but aversion to
Whose quality, that of patient or those who
pain; and the fear and trembling of all-
take care of him, or of the society that fre-
fear of the ambiguities of the situation and
quently foots the bill?
trembling at the awesome finality of the
judgment.
I have come to question whether a
While I recognize some decisions on for-
Down's syndrome person - who feels,
tastes and bestows and seeks affection-en-
going treatment must and will end up in
joys life less than some who are burdened
the courts, I am opposed to general legisla-
by cares and worries. Surely the parents of
tion on the subject or taking these ques.
an otherwise healthy Down's child would
tions routinely to judges for these reasons:
be guilty of a crime were they intentionally
First. decisions taken as they dre now
to kill him.
may In: as ginni or better than those
But how much medical intervention is
handed down by courts.
morally required or justified in those cases
Second. decisions at bedside confer-
where survival depends on medical tech-
chees do 11608 constitute Judicial precedents
niques unknown to the previous genera-
tymg the hands of future. decision makers
tion?
and are 1101 invested by state authority
with an imprimatur of public policy.
The therapy of severely ill newborns is
I would be loath to see decisions to
a marvel of medical technology: a 1.5-
lorgo treatment made by the book - statu-
pound baby can sometimes be saved today
tory laws interpreted by reported cases
by heroic means and at huge cost. At the
and refined by rules and regulations. A
other end of life, some terminally ill people
complex society must have its statutes and
are inappropriately in intensive-care units,
rule makers, but I hope we shall be spared
JUNE16,1982
which artificially breathe for them, orfeed
batteries of lawyers in intensive-care units
them or excrete wastes while prolonging
thipping through loose-leaf books to deter.
suffering. It has been said that some 15%
mine what IS permissible. It is better to
of America's huge health bill is spent on
have the present system by which those
the last year of life. Much of this money is
most closely involved decide what seems to
spent appropriately. But some of it reflects
be right, despite all the shortcomings of
the increasing ability of medical technol-
such an approach.
ogy to stave off death after the meaning of
further life for the patient has become
Mr. Abram. an attorney. IS harmfan of
questionable
the Presutent's Commission for the Study
The moral dilemmas in the nursery and
of Ethical Problems in Medicine and
geriatric units arise in other hospital
Biomedical and Behavioral Research.
wards as well. Karen Ann Quinlan, re
moved from a respirator by the concurrent
decision of parents, clergy and the New
THE WALL STREET JOURNAL
Jersey courts, is-years later-alive but ir
Published since 1883 by
reversibly unconscious. It was thought that
Miss Quinlan might die when cut off from
DOW JONES & COMPANY, INC.
artificial respiration. One may ponder
Editorial and Corporate Headquarters:
11 Cortlandt Street, New York, N.Y. 10007.
whether it is morally different to deny her
Telephone (212) 285-2009
the protection of antibiotics or artificial
feeding
Since Miss Quinlan's "quality of life"
certainly offers her less satisfaction than
does that of a Down's syndrome child and
the burden of maintaining her IS greater.
how can we reconcile the withdrawal of
support from the Bloomington I by and
the long-term care of the unconsch IS New
Jersey woman? These are but samples of
TILS LILEY
2-18-82
Alert
FAMILY PLANNING REGS
an Life Lobby D
" Id VA 22554
703 659-4193
Once again we
are pitted against
FAMILY PLANNING REGULATIONS
the family planners,
Riddled with problems
the population
The Department of Health and Human Services has
controllers - Planned
"floated" suggested regulations which are, as of this
writing, still with the White House - Cabinet Council
Parenthood it al.
on Human Resources - waiting for promulgation through
the Federal Register. Once these regulations are
published, the public will have sixty days to comment
This time,
directly to the Department.
however, me have
However, American Life Lobby is already working with
a good start
the Administration and elsewhere because we do not
like the tone of what we have learned is contained
but we need
in these regs (regulations).
your help.
Allow me to summarize:
Regulations
1) The regulations as proposed will require
that in providing prescription drugs and
like those proposed
devices to a child 17 or younger, the family
planning center would, within ten (working)
are paraded as
days, provide notification to the child's
being good" and
parents. An exemption to the notification
requirement is provided if the director of
"hetter than
the family planning clinic determines that
the notification would have adverse physical
nothing but
health consequences for the minor.
they can and
2) The regulations require family planning centers
must he
to obey state laws that provide for parental
consent for family planning services to minors
strengthened
(Utah has such a law)
The proposed rule does not:
Parents, please
1) apply to any other family planning service
let Secretary
other than prescription drugs and devices
Schweiker know
2) require parental consent to the child receiving
how you feel.
prescription drugs and devices (unless the
requirement is already a part of state law).
It only requires after the fact notification,
Julie Prown
and then only with the exemption noted above.
3) The treatment of children with prescription
-2-
drugs for the treatment of Venereal Disease is not covered under this regulation.
In light of these facts with regard to the proposed regulations that, by the way,
no one with whom we have spoken has seen (!), we sent the following message to
Secretary Schweiker and others in cooperation with several other groups:
"The Cabinet Council on Human Resources has under consideration changes
in Department of Health and Human Services regulations concerning family
planning services, particularly with respect to services to minor children
(unemancipated teenagers).
"As reported in the press, notification of parents after a prescription
has been given to a minor child is useless. It does not allow parents
to excercise their parental rights and responsibilities.
"1) It is much more important that the regulations address the
question of using federal funds to counsel (in favor of)
or refer minors for abortions. The new regulations should
restrict taxpayer funds only to those organizations which refuse
to provide counseling or "education" and referral of minors
for abortion without prior written parental consent.
"2) The new regulations should prohibit prescriptions for or distribution
of free samples of birth control materials to minors without prior
written consent of the parents.
"3) The new regulations should require written parental consent before
sex education is given to any minor child. "
The above message was sent in telegram form to President Reagan, Secretary
Schweiker, Edwin Meese and James Baker.
Further, American Life Lobby is subsequently communicated with each member of
the Cabinet Council on Human Resources, and we have been in constant touch
with those directly related to these proposed regs. We have, in addition,
requested time for Dr. James H. Ford of our National Advisory Board to testify
before the hearings on these Regulations which Congressman Henry Waxman (D-CA)
scheduled for February 9, 1982.
We were not, however, asked to testify, at which point the following press
release was issued at the hearings, and distributed to all those in attendance:
PRESS RELEASE TEXT 2/9/82
Mrs. Judie Brown, President 06 American Like Abbu Inc, the largest
grass roots pro-life, pre-samièy organization in the United States,
said today that Congressman Henry Waxman's refusar of her organization's
timely request, by both telegram and letter, to testilu on Title X Family
Planning regulations has turned the hearings into Kangaroo Court,
staged solely to create a pre-abertien media event."
Congressman Henry Waxman, :: otman 05 the Hours Subcommitter on Health and
the Environment, has stack leck, aboutd. Brown. "Waxman
has made sure that 01 these sharing his point (1/g view are
heard. The only cut: to cheduled :,. the American College
- 3 -
of Obstetrics and Gynecology whose members make a great deal of money
from performing abortions en patients from the Title X program. This is
a conflict of interest and should be recomized as such. If testimony
from a group with a 1' sted, monetary interest is allowed, the opposing
testimony should also be heard.
"The American Life Lobbu accepts ne federal funds," said Mrs. Brown, "and we
represent millions of Americans who don't want their Federal tax dollars
used to refer minor children to abortionists without prior parental consent.
This is happening now. We know it and Congressman Waxman knows it, but
he doesn't want the American public to know it."
Mrs. Brown stated that Congressman Waxman is trying to avoid dealing with
the revelations of massive mismanagement, waste and abuse in the Title X
program. "Congressman Waxman and his committee have oversight responsibility
for the Title X program, but for eight months they have ignored GAO Report
81-68 which identified more than six areas of waste, with a conservative
estimate that over $40 million annually is being wasted."
END OF RELEASE
During the hearings, excellent testimony was given by Secretary Richard S.
Schweiker on the damaging effects of the pill and the IUD on minor children.
Our office is publishing excerpts of this testimony, and will have the entire
text available (see page four.)
Further, Senator Jeremiah Denton testified, eloquently, on the reasons why
the government should not be in the bedrooms of young people, which Congressman
Waxman defends simply by accusing those of us who desire stronger regulations
to be the ones who are trying to invade the bedrooms of young people between
the ages of 12 and 17.
A.L.L. has sent, on behalf of our entire membership, telegrams of gratitude to
Secretary Schweiker and Senator Denton for testimony which we feel was both
necessary and timely.
We cannot, however, allow these regulations to be promulgated without placing
our strong objections right up front. The scenario is being painted in such
a way that the average adolescent, who discovers that she needs to notify her
parents if she obtains a prescription, will certainly be told by the "loving
and caring" (??) family planning counselor, that abortion without any parental
notice of any kind is always an option.
Why? Because, as you all know, the ultimate goal of our opponents
is population control at any price. And one of the main targets
of family planners has always been the youth of our nation; tearing
down their moral underpinnings, inviting them to any sort of sexual
activity imagined, and thus practically destroying their every sense
of self respect, is a very easy way of turning out an entire generation
of Americans who will have no respect for the preborn, the elderly,
themselves or anyone else.
Result: moral decay and weakening of the family ultimately
minus zero population growth.
Secretary Schweiker's Department has given us a signal in these regulations,
a point from which we must work to attain the strongest regulation legally
and morally possible. It is our responsibility to let him know exactly what
- 4 -
we want the government to do and what we simply feel as parents we cannot
tolerate.
With this update you will find a copy of a letter written to Secretary
Schweiker by one of the most prestigious pro-life medical associations in
America today - the CALIFORNIA PRO LIFE MEDICAL ASSOCIATION.
Please, review this material and their letter, and then begin a letter writing
campaign in your own community in order to inform Secretary Schweiker about
your own concerns with regard to federal involvment in the sexuality of your
children.
SECRETARY RICHARD S. SCHWEIKER
DEPARTMENT OF HEALTH AND HUMAN SERVICES
HHH Building; 200 Independence Avenue SW
Washington, DC 20201
RE: Proposed Family Planning Regulations
Title X
Available for your files on this subject, American Life Lobby has compiled
an excellent briefing packet which we will send to you for the low cost of
only $7.50. This packet includes:
1) History of Title X and Section 1008 prepared by Douglas
Badger of the Christian Action Council
2) Title X and the Minnesota experience (written by Donna
Steichen)
3) RICHARD S. SCHWEIKER'S testimony of February 9, 1982
4) Senator Jeremiah Denton's testimony of February 9, 1982
5) amicus curiae (friend of the Court) brief filed in October, 1980
by DHHS in the case of Valley Family Planning v. the State of
North Dakota (the family planners won this case with the
help of DHHS)
TOTAL: over 75 pages for $7.50 Complete with index and cover.
In order to understand exactly what we are up against in our efforts to remove
the federal government from the wholesale corruption of our children, it is
wise to be fully informed and able to argue effectively on the question of
government involvement. The above packet will make you an expert.
Every single pro-life and pro-family group should have at least one person,
lawyer or physician or parent, totally knowledgable about the material
presented in the packet. $7.50 per group is not much to pay for briefing
material like this.
WRITE YOUR LETTERS TO SCHWEIKER - PRAY FOR THE DELIVERANCE OF OUR CHILDREN
FROM THE CLUTCHES OF THE TAX PAYER FUNDED FAMILY PLANNING ADVOCATES.
GOD BLESS YOU!
redu Brown
© American Lfe Leens Permit
made and that ac C.
Please hate
CALIFORNIA PRO LIFE MEDICAL ASSOCIATION
Honorable Richard Schweiker
February 2, 1982
Cabinet Council on Human Resources
Executive Director
DHHS RM 615F
Albert Lorincz, M.D
Obstetrics/Gynecology
200 Independence Ave, S.W.
Los Gatos
Washington, D.C. 20201
President
Nancy T Mullan, MD
Psychiatry
Burbank
Dear Chairman Schweiker:
Vice-President
Frank Hyatt MD
Family Practice
San Jose
We witness the massive exploitation of teenage women in California
Vice-President
due to the intense directed counseling for abortion from so-called
Sheila Beirne M.D
Internal Medicine
"family planning" agencies. Young, uninformed, scared girls are
Van Nuys
being sent for surgical procedures without informed consent or
Secretary-Treasurer
Philip B Dreisbach MD
parental consent. The subsequent physical and psychological price
Oncology/Hematology
is awesome.
Palm Springs
ADVISORY BOARD
James Brennan MD
We urge you to take immediate action to withhold federal funds from
Long Beach
William Dignam, MD
any agency which does not require parental notification/consent or
UCLA
written informed consent prior to the performance of abortion or
James Ford. MD
Downey
prior to the distribution of prescription medicines.
AF Forster. MD
Long Beach
David Gasman, MD
Redding
In fact, our very best advice is that the federal government get out
Walter Gillogley. MD
San Mateo
of the family planning, sex education, abortion promotion business.
Allen Kelly JD MD
Sunnyvale
Our experience with agencies that receive "family planning" money
Robert Kelly. MD.
Cupertino
from the government is that they are interested in profiteering
William Levonian, MD.
Santa Cruz
and population control. Our minority coummnities in Los Angeles
George Maloof, MD.
and San Diego, especially, are attacking family planning as genocidal,
San Francisco
John J McGroarty, M.D.
a charge that can be readily substantiated by the overwhelming presence
Burbank
Albert Monterastelli, MD
of communities. abortion mills/family planning operations located in minority
Pomona
Gerald Navarre, MD
Westminster
Edward Novak, MD
Redwood City
We depend upon you to exercise your authority with justice for all
Edward Obeji, MD
Long Beach
young women, including the exploited young and the minority women,
Date Ritter, M.D
and the unborn woman.
Chico
John A. Robertson, MD
Sierra Madre
John Samson, MD.
Sincerely,
Long Beach
Rafael Solari, M D
San Francisco
T. MD
John Warburton, MD
Westminster
Nancy T. Mullan, M.D.
Leonie Watson, M.D
Richard Watson, MD
President
San Francisco
NTM:jd
Harry Weiss MD
Vista
POST OFFICE BOX 99, PALM SPRINGS, CA 92263 / PHONE 714/327-5158
THE REPUBLICAN STUDY COMMITTEE
UNITED STATES HOUSE OF REPRESENTATIVES
433 HOUSE OFFICE BUILDING
WASHINGTON, D.C. 20515
202/225-0587
October 28, 1982
MEMORANDUM
To:
Ed Meese
From: Dick Dingman
RE: REFORM OF FAMILY PLANNING PROGRAM
The White House should know that the conservative movement - -
in and out of Congress - - places very high priority on the adminis-
trative overhaul of the federal family planning program (Title x).
ASOF
Specific needs are:
3/7/83
(A) Reform of Title X's blatantly proabortion regulations
NOT DONE
(to exclude abortion-related services, and thereby
reconform the regulations to the original 1970 law).
(See attached memo for details).
(B) Restructuring of the HHS bureaucracy (to bring the
Office of Family Planning [OFP] under the Deputy
DONE
Assistant Secretary for Population Affairs [DASPA] ,
away from the Bureau of Community Health Services [BCHS].
(Note: the GAO recommended this last year)
(C) Filling of the vacancy of Director of BCHS -- and other
positions in OFP and BCHS - - with prolife candidates
NOT DONE
who support the President's philosophy.
Note: All these reforms can be achieved administratively.
No new legislation is required.
The White House should know that the Senate oversight Committee
(Sen. Hatch's Labor and Human Resources Committee, and Sen. Denton's
Aging, Family and Human Services Subcommittee) intends to nush hard
on this issue, There is even discussion of turning loose the investi-
gations unit of Sen.. Hatch's committee on the family planning program.
I have heard that prolife groups are SO exasperated by the
current state of affairs that they are planning legal action.
Clearly, hostile Senate oversight hearings, and legal action
against the Administration by the President's own prolife movement
would embarrass the Administration. T would therefore urge the White
House to meet with conservative leaders in the near future, to nlan
an agenda for reform.
AMERICAN LIFE LOBBY INC.
NATIONAL HEADQUARTERS: MAILING ADDRESS: P.O. BOX 490. STAFFORD. VA 22554
OFFICES: ROUTE #6, BOX 162-F, STAFFORD, VA 22554
(703) 659-4171
METRO DC 690-2049
GOVERNMENT LIAISON OFFICE 6B LIBRARY COURT SE (CAPITOL HILL) WASHINGTON, DC 20003 (202) 546-5550
November 19, 1982
AS OF 3/7/83 No
norable Richard S. Schweiker
Secretary
SUBSTANTIVE RESPONSE
Department of Health and Human Services
200 Independence Ave., S.W.
Washington, D. C. 20201
Dear Mr. Secretary:
On June 19, 1981, seventeen months ago, the Government Accounting
Office issued Report HRD 81-68 entitled "Family Planning Clinics Can Provide
Services At Less Cost But Clearer Federal Policies Are Needed" that was
critical of the Title X Public Health Service Act family planning program.
The American Life Lobby based on this GAO Report has estimated that
$48 million in waste and abuse in this program could be saved if action were
taken as recommended by GAO.
To date nothing has been done by your Department to "clean up the
act" of the Title X program. For example John H. Kelso, then acting Ad-
ministrator of the Health Services Administration, submitted a report to the
House Appropriations Committee responding to the criticisms of GAO Report
81-68 and to that Committee's Report 97-251 which on page 17 called on
DHHS to make "any recommendations it can make to improve the operations
of the program relative to the issues raised in the General Accounting Of-
fice Report."
The DHHS report by John Kelso said DHHS is "closely monitoring
"guidelines are currently under revision = "regional office staff will con-
duct random program review " is bureaucratic gobbledygook. I pointed
this out in my testimony to the House Appropriations Subcommittee on Ap-
ril 28, 1982 nine months after GAO Report HRD 81-68 was released.
It is now exactly seventeen months since the GAO Report and HHS
has done nothing. No change in guidelines to reflect anything contained
in the GAO Report; no new regulations have even been proposed let alone
been promulgated.
Unfortunately I must conclude that HHS is sweeping this whole question
of waste and abuse totaling as much as $48 million dollars under the rug.
Now another GAO Report HRD 82-106 dated September 24, 1982 has been
issued which is critical of the lobbying and abortion related services carried
-1-
A.L.L.
"
for God, for Life, for the Family, for the Nation"
page 2
out by grantees of this program.
In light of the inaction of your Department concerning the first GAO
Report and now with a second critical report I call on you to personally
involve yourself in order that the mess in the Title X program gets cleaned
up immediately
Anything short of your personal involvement will signify your acqui-
escence in what amounts to a bureaucratic cover-up of millions of dollars
of waste and abuse.
With God for Life,
Mrs. Judie Brown
President
CC: Senator Orrin Hatch
Senator Jeremiah Denton
Senator Harrison (Jack) Schmitt
Congressman William Natcher
Congressman Henry Waxman
Congressman John Dingell
JB/sm
Telegram
western union
NO. WDS.- - CL. OF SVC.
PD. OR COLL.
CASH NO.
CHARGE TO THE ACCOUNT OF
THIS MESSAGE WILL BE SENT
PRESS
OVER NIGHT
AS A TELEGRAM UNLESS IT IS
DPR
NPR
TELEGRAM
OTHERWISE INDICATED.
Send the following message, subject to the Telegraph Company's conditions, rules and regulations, which are on file with regulatory authorities.
TELEGRAM
January 11, 1983
Honorable David A. Stockman
Director
OMB
252 Old Executive Office Building
Washington, D. C. 20503
OMB now has under review proposed changes in regulations for the
Title X (Public Health Service Act) family planning programs.
For a pro-life, pro-family Administration the proposed changes are
totally inadequate because they perpetuate the intrusion of a Federal
program into the family relationship by inserting the government be-
tween parent and child.
After the fact notification of parents that minor children have
been given perscription drugs or devices is only the appearance of re-
form. Prior parental consent is required for school trips and for ear
piercing, it must be required before a government program gives pre-
scription drugs to minor children.
ASOF
Furthermore, the proposed regulations do not address any of the
3/7/83
DHHS
criticisms of the Title X program contained in GAO Reports HRD 81-68
STILLITAS HAS
DONENOTHING
and HRD 82-106 nor has OMB rectified the inconsistency in its own cir-
culars A-21 and A-122 concerning the use of Federal grant funds for
dues to lobbying organizations cited in GAO Report HRD 82-106.
It has been almost 20 months since the first GAO Report. Now is
the time for OMB to make DHHS clean up the mess in the Title X pro-
gram.
(Mrs. Judie Brown
President
American Life Lobby Inc.
6 Library Court S.E.
Washington, D. C. 20003
WU 1211 (RI-70)
AMERICAN LIFE LOBBY INC.
NATIONAL HEADQUARTERS: MAILING ADDRESS: P.O. BOX 490, STAFFORD, VA 22554
OFFICES: ROUTE #6, BOX 162-F, STAFFORD, VA 22554
(703) 659-4171
METRO DC 690-2049
GOVERNMENT LIAISON OFFICE: 6B LIBRARY COURT SE (CAPITOL HILL) WASHINGTON, DC 20003 (202) 546-5550
PRESS RELEASE
September 27, 1982
For Immediate Release
Judie Brown, President of American Lite Lobby, today reacted to
the release of a GAO Report critical of the Federal family planning pro-
gram.
Mrs. brown said, T1 is obvious from the GAO Report on the family
planning program released today and the GAO Report, (HRD 31-68) re-
leased in June 1981 that reported an estimated $48 million in annual
waste and abuse in this program, that the Department of Health and
Human Services has totally neglected the monitoring and/or management
of this program.
it. find it outrageous that the Department has done nothing by way
of management or change in regulations to stop the waste and abuse of
$48 million per year in this program and It is even more outrageous that
Congress has not changed one comma of the law authorizing this program
nor reduced its funding to eliminate an annual waste of $48 million in
taxpayers' money.
Just remember it was this Title X Public Health Service Act program
that paid for the 'National Condom Week' fiasco in Washington, D. C. in
April 1982.
We call for a reduction of the FY 1983 appropriation for this pro-
gram by $48 million and a full scale Congressional oversight hearing by
the relevant Congressional committees."
-30-
A.L.L.
"
for God, for Life, for the Family, for the Nation"
AMERICAN LIFE LOBBY INC.
NATIONAL HEADQUARTERS: MAILING ADDRESS: P.O. BOX 490, STAFFORD, VA 22554
OFFICES: ROUTE #6, BOX 162-F, STAFFORD, VA 22554
(703) 659-4171
METRO DC 690-2049
GOVERNMENT LIAISON OFFICE: 6B LIBRARY COURT SE (CAPITOL HILL) WASHINGTON, DC 20003 (202) 546-5550
ALERT
ALERT
ALERT
ALERT
HOUSE VOTES TO STOP FETAL RESEARCH SENATE TO ACT NEXT
H.R. 6457 a bill to revise and extend the authorization for the Nation-
al Institutes of Health (NIH) passed the House of Representatives on Sept-
ember 30, 1982 it included a Dannemeyer/Siljander amendment to prohibit
use of N1H funds for fetal experimentation (see pgs. 6-10 of the Septem-
ber A.L.L. About Issues). The amendment passed by a vote of 260-140
(see enclosed Roll Call to see how your Congressman voted). A "yea"
vote was in favor of prohibiting fetal research with your tax dollars.
NIH spends almost $4 billion for medical research of all kinds each
year.
The pro-abortion lobby, the big drug companies, segments of organized
medicine and many universities will now begin working overtime to stop this
prohibition in the Senate. This prohibition is vital because the Director of
the be National Institutes of Health was reported by the Washington Post to
in favor of considering Federal funding of test tube baby research
in humans.
The Senate will take up a similar bill S2311 possibly during the lame
duck (i.e. after the election) session of Congress. This bill does not have
a prohibition on fetal experimentation.
You must write, wire and telephone both your Senators now and ask
them to vote to add an amendment to S2311 to prohibit fetal research. Many
Senators will be back in their home states from approximately October 8
until election day - make an appointment and go see them and ask them to
vote for such a prohibition. Take the A.L.L. About Issues article with you
to give to your Senators.
Call the A.L.L. Washington Office (202) 546-5550 for the address and
phone number of your Senators' nearest state office.
Your Senators' address in Washington is:
Honorable
United States Senate
Washington, D. C. 20510
The U.S. Capitol Switchboard telephone number is (202) 224-3121 then
ask for your Senators by name.
A.L.L.
"
for God, for Life, for the Family, for the Nation"
September 30, 1982
CONGRESSIONAL RECORD - HOUSE
H 8091
Existing law prevents research on fe-
Huckaby
Molinari
Shaw
Hunter
NOT VOTING-32
tuses unless the risk to the fetus is
Montgomery
Shelby
minimal, and the purpose of the activi-
Hutto
Moore
Shumway
Aspin
Coelho
Moffett
Hyde
Moorhead
Shuster
Bafalis
Collins (TX)
Obey
ty is the development of important
Ireland
Morrison
Siljander
Beard
Daniel, Dan
Railsback
biomedical knowledge which cannot be
Jeffries
Mottl
Skeen
Blanchard
Edwards (OK)
Savage
obtained by other means. A fetus may
Jenkins
Murphy
Skelton
Bolling
Ertel
Vander Jagt
Johnston
Murtha
Smith (AL)
Brodhead
Fascell
not be used as a subject for research
Wampler
Kasen
Myers
Smith (NE)
Brown (OH)
Forsythe
Weiss
unless the risk to the fetus is minimal.
Kemp
Napler
Smith (NJ)
Burton, John
Garcia
Whitehurst
The present law says that no fetus
Kildee
Natcher
Smith (OR)
Carman
Hall (OH)
Wright
Kindness
ex utero may be involved in a Federal-
Neal
Smith (PA)
Chappell
Mattox
Young (FL)
Kramer
Nelligan
Snyder
Chisholm
McCloskey
ly funded research activity unless the
Lagomarsino
Nelson
Solomon
fetus has been determined not to be
Latta
Nichols
Spence
Messrs. YOUNG of Alaska, SHARP,
viable. We do not need this amend-
Leach
O'Brien
St Germain
FITHIAN, BOLAND, BONKER, ROS-
Leath
Oakar
ment. We should fear the results of
Stangeland
TENKOWSKI, and WALGREN
LeBoutllier
Oberstar
Stanton
this amendment because of its poten-
Lee
Oxley
Staton
changed their votes from "no" to
tially damaging impact on very impor-
Lent
Parris
Stenholm
"aye."
Lewis
tant, worthwhile research.
Pashayan
Stratton
Livingston
Patman
Stump
Do not let your emotions sway you.
Loeffler
Paul
Tauke
Look at the proposal. It is poorly
Lott
Perkins
Tauzin
drafted. It is not worthy of your sup-
Lowery (CA)
Petri
Taylor
Lujan
Porter
Thomas
port, and it will do a great deal of
Luken
Price
Traxler
harm.
Lungren
Quillen
Trible
Mr. Chairman, I urge a no vote on
Madigan
Regula
Vento
the Dannemeyer amendment and a no
Markey
Rhodes
Volkmer
Marienee
Rinaldo
Walgren
vote on the Broyhill substitute.
Marriott
Ritter
Walker
The CHAIRMAN. All time has ex-
Martin (NC)
Roberts (KS)
Watkins
pired.
Martin (NY)
Roberts (SD)
Weber (MN)
Mavroules
Robinson
White
The question is on the amendments
Mazzoli
Roe
Whitley
offered en bloc by the gentleman from
McClory
Roemer
Whitten
California (Mr. DANNEMEYER) to the
McCollum
Rogers
Williams (OH)
McCurdy
Rostenkowaki
text of the bill, H.R. 6457, and to the
Winn
McDade
Roth
Wolf
amendment in the nature of a substi-
McDonald
Rousselot
Wortley
tute offered by the gentleman from
McEwen
Rudd
Wylie
McGrath
North Carolina (Mr. BROYHILL).
Russo
Yatron
Michel
Santini
Young (AK)
The question was taken; and the
Miller (OH)
Sawyer
Young (MO)
Chairman announced that the noes
Minish
Schulze
Zablocki
appeared to have it.
Mitchell (NY)
Sensenbrenner
Zeferetti
Moakley
Sharp
RECORDED VOTE
Mr. DANNEMEYER. Mr. Chairman,
NOES-140
I demand a recorded vote.
Addabbo
Ginn
Panetta
Akaka
Glickman
A recorded vote was ordered.
Patterson
Alexander
Gonzalez
Pease
The vote was taken by electronic
Anthony
Gray
Pepper
device and there were-ayes 260, noes
AuCoin
Green
Peyser
Barnes
140, not voting 32, as follows:
Guarini
Pickle
Bedell
Hamilton
Pritchard
[Roll No. 382]
Beilenson
Harkin
Pursell
Bingham
AYES-260
Hatcher
Rahall
Bowen
Hawkins
Rangel
Albosta
Corcoran
Fields
Brinkley
Heftel
Ratchford
Anderson
Coughlin
Fish
Brooks
Holland
Reuss
Andrews
Courter
Fithian-
Brown (CA)
Hollenbeck
Rodino
Annunzie
Coyne, James
Plippo
Burton, Phillip
Howard
Rose
Applegate
Coyne, William
Foglietta
Butler
Hoyer
Rosenthal
Archer
Craig
Foley
Clay
Hughes
Roukema
Ashbrook
Crane, Daniel
Fountain
Clinger
Jacobs
Roybal
Atkinson
Crane, Philip
Frost
Collins (IL)
Jeffords
Sabo
Badham
D'Amours
Fuqua
Conable
Jones (NC)
Scheuer
Bailey (MO)
Daniel, R. W.
Gaydos
Conyers
Jones (OK)
Schneider
Bailey (PA)
Dannemeyer
Gephardt
Crockett
Jones (TN)
Schroeder
Barnard
Daub
Gingrich
Daschle
Kastenmeier
Schumer
Benedict
Davis
Goldwater
Dellums
Kennelly
Selberling
Bennett
de la Garza
Goodling
DeNardis
Kogovsek
Shamansky
Bereuter
Deckard
Gore
Dicks
LaFalce
Shannon
Bethune
Derrick
Gradison
Dixon
Lantos
Simon
Bevill
Derwinski
Gramm
Downey
Lehman
Smith (IA)
Biaggi
Dickinson
Gregg
Dunn
Leland
Snowe
Billey
Dingell
Grisham
Dwyer
Levitas
Solarz
Boggs
Donnelly
Gunderson
Dymally
Long (LA)
Stark
Boland
Dorgan
Hagedorn
Early
Long (MD)
Stokes
Boner
Dornan
Hall, Ralph
Edgar
Lowry (WA)
Studds
Bonior
Dougherty
Hall, Sam
Edwards (CA)
Lundine
Swift
Bonker
Dowdy
Hammerschmidt
Evans (IA)
Marks
Synar
Bouquard
Dreier
Hance
Fazio
Martin (IL)
Udall
Breaux
Duncan
Hansen (ID)
Fenwick
Martinez
Washington
Broomfield
Dyson
Hansen (UT)
Ferraro
Matsui
Waxman
Brown (CO)
Eckart
Hartnett
Findley
McHugh
Weaver
Broyhill
Edwards (AL)
Heckler
Florio
McKinney
Weber (OH)
Burgener
Emerson
Hefner
Ford (MI)
Mica
Whittaker
Byron
Emery
Hendon
Ford (TN)
Mikulski
Williams (MT)
Campbell
English
Hertel
Fowler
Miller (CA)
Wilson
Carney
Erdahl
Hightower
Frank
Mineta
Wirth
Chappie
Erlenborn
Hiler
Frenzel
Mitchell (MD)
Wolpe
Cheney
Evans (DE)
Hillis
Gejdenson
Mollohan
Wyden
Clausen
Evans (GA)
Holt
Gibbons
Nowak
Yates
Coats
Evans (IN)
Hopkins
Gilman
Ottinger
Coleman
Fary
Horton
Conte
Fiedler
Hubbard
Lile
ALL
AMERICAN LIFE LOBBY INC.
EXECUTIVE OFFICES: 6B LIBRARY COURT SE (CAPITOL HILL)
WASHINGTON, DC 20003
202-546-5550
EDUCATION OFFICE:
P.O. BOX 490
STAFFORD, VIRGINIA 22554
703-659-4193 OR METRO DC *690-2049
April 26, 1982
Mr. Morton Blackwell
Special Assistant to
the President
191 Old Executive Office Bldg.
Washington, D. C. 20500
Dear Morton:
For your information I thought you ought to have a copy of the
enclosed letter that almost 40 pro-life leaders have sent to Senator
Jesse Helms urging quick action on S2148.
We understand that your meeting on April 26, 1982 is not to
discuss the Helms/Hatch controversy but rather what incremental
steps the Administration can take to get the federal government
out of the abortion payment, referral, advocacy and promotion bus-
iness.
With God for Life,
India Bmm
(Mrs.) Judie Brown
President
JB/sm
A.L.L.
for God, for Life, for the Family, for the Nation"
April 19, 1982
Honorable Jesse Helms
4213 Dirksen Office Building
Washington, D. C. 20510
Dear Senator Helms:
We the undersigned pro-life leaders urge immediate action on
the strongest possible version of S2148 so that as President Reagan
said in his recent letter to pro-life leaders:
"
we will not miss this
long delayed opportunity."
We hope that action can be taken prior to May 15th when the budget
.
battle begins and we pledge our total support to your efforts.
God Bless you.
John P OF AD LIFE HOC COMMITTEE Macky IN DEFENSE Joan FAMILY Solms LIFE LEAGUE
W.Drugles Badger
LAPAC
CHRISTIAN ACTION COUNCIL
Joyls PRO LIFE M.Dcheider ACTION LEAGUE Judie AMERICAN Brown LIFE LOBBY INC
Dr. FAMILY John LIFE s LEAGUE Kelly
/ Howard Phillips (per phone conversation)
CONSERVATIVE CAUCUS
Rosemary CITIZENS AGAINST T.Atoles PLANNED HUMAN Paul LIFE Mary, INTERNATIONAL OS.B.
PARENTHOOD
-2-
Edwin B. What
s/Mrs. Yvonne Abercrombie
(per phone conversation)
REFORMATION EDUCATIONAL FOUNDATI
ALABAMA CITIZENS CONCERNED
FOR LIFE
s/Mrs. Jane Muldoon
s/Dr. Joseph Stanton
(per phone conversation)
(per phone conversation)
MICHIGAN RIGHT TO LIFE
s/Ann O'Donnell, R.N.
s/Dr. Ron Godwin
(per phone conversation)
VICE-PRESIDENT
MISSOURI CITIZENS FOR LIFE
MORAL MAJORITY
BOARD MEMBER
(per phone conversation)
s/Mrs. Charlotte Goodwin
s/Mrs. Marianne Rea-Luthin
(per phone conversation)
(per phone conversation)
NEW MEXICO RIGHT TO LIFE
PRESIDENT
MASSACHUSETTS CITIZENS FOR LIFE
s/Mrs. Anna Sullivan
s/Mr. Murray Norris
(per phone conversation)
(per phone conversation)
RHODE ISLAND RIGHT TO LIFE
CHRISTIAN FAMILY RENEWAL
s/Helen DeWitt, R.N.
s/Thea Rossi Barron, Esq.
(per phone conversation)
RIGHT TO LIFE CRUSADE
KANSAS RIGHT TO LIFE
(per phone conversation)
Madeline Applely
Mrs. Madeleine Applebey
s/Ms. Pam Cira
(per phone conversation)
(per phone conversation)
NEW HAMPSHIRE VOTERS FOR LIFE
PRESIDENT
FEMINISTS FOR LIFE OF AMERICA
PL.D.
s/Ms. Eileen Dawson
UNITED METHODISTS FOR LIFE
(per phone conversation)
SOUTH CAROLINA CITIZENS FOR LIFE
-3-
s/Dr. Eugene F. Diamond, M.D.
s/Mr. Stan Shelley
(per phone conversation)
(per phone conversation)
WORLD FEDERATION OF DOCTORS
BLUE RIDGE (NC)
WHO RESPECTS LIFE
CHRISTIAN ACTION COUNCIL
s/Dr. Bentin K. Partin, 11
s/Mr. Ed McAteer
(per phone conversation)
(per phone conversation)
COLUMBUS (NC)
ROUND TABLE
CHRISTIAN ACTION COUNCIL
ISSUES & ANSWERS
s/Dr. Adrian Rogers
s/Edward C. Smith
(per phone conversation)
(per phone conversation)
PASTOR
ASSISTANT PROFESSOR
BELLEVILLE BAPTIST CHURCH
AMERICAN UNIVERSITY
MEMPHIS, TENNESSEE
(Immediate past president of
Southern Baptist Convention)
s/J. A. Parker
s/Mrs. Margaret Hotze
(per phone conversation)
(per phone conversation)
PRESIDENT
EDITOR
LINCOLN INSTITUTE
LIFE ADVOCATE
(for i.d. purposes only)
Houston, Texas
/Joseph W. MacPherson, Esq.
s/Paul Haring
MARYLAND RIGHT TO LIFE
CATHOLIC TRUTH SOCIETY OF
(per phone conversation)
AMERICA
(per phone conversation)
s/Nancy T. Mullan, M.D.
s/Most Rev. Leo A. Pursley, D.D. .
PRESIDENT
(per phone conversation)
CALIFORNIA PRO-LIFE MEDICAL
Retired Bishop of Fort Wayne-South
ASSOCIATION
Bend, Indiana
(per phone conversation)
THE WHITE HOUSE
WASHINGTON
April 5, 1982
Dear Jesse:
In recent years, sentiment has increased in the Congress to enact
legislation that would restore protection of the law to children
before birth. It may be possible for the 97th Congress to take that
important step. I write simply to express my own hope that we will
not miss this long delayed opportunity.
A few weeks back I said that, "We must, with calmness and resolve,
help the vast majority of our fellow Americans understand that the
more than one-and-one-half million abortions performed in America
in 1980 amount to a great moral evil and assault on the sacredness
of life." Whether or not our fellow citizens will understand the duty
we owe to future citizens depends largely on what action the Congress
takes.
I know that on this issue, sad to say, as on many others of great im-
portance, there are sharp differences of opinions as to which action
is the best one. Naturally, I hope that these differences will be
resolved in favor of the common goal.
But most important, it seems to me, is that the Congress consider
one or more of the proposals in the near future. And I want you to
know that you have not only my best wishes but also my prayers for
success.
Sincerely,
Ronald Reagan
The Honorable Jesse A. Helms
United States Senate
Washington, D.C. 20510
"Let us go on to maturity."
Hebrews 6:1
New Covenant Church
4161 Maize Road
Eldon R. Wilson, Pastor
Columbus, Ohio 43224
Home Phone: 892-2335
(614) 262-3347
David Sellers, Assistant Pastor
April 13, 1982
Mr. Morton C. Blackwell
Special Assistant to the President
The White House
Washington, D.C.
Dear Mr. Blackwell:
I want to thank you for your honest and patriotic
letter of March 29th.
We fully agree that we don't want the government
having anything to do with education. I might also
add here that I am in full 100% favor of President
Reagan doing away with the Department of Education.
I also hope and pray we'll be able to fully
convince the State that their guidelines for ac-
creditation is no good and that they will leave church-
schools alone. It's a proven fact that graduates of
public schools come out of accredited State schools
with less than a seventh grade reading level. For
this reason, I do not feel they have a right to set
accreditation standards. We are writing our Senators
and Representatives about this also.
Thank you again for your stand on this issue. May
God bless your efforts to keep government out of the
Church.
Sincerely,
David Sellers
DFS/km
site
AMERICAN LIFE LOBBY INC.
NATIONAL HEADQUARTERS: MAILING ADDRESS: P.O. BOX 490, STAFFORD, VA 22554
OFFICES: ROUTE #6, BOX 162-F. STAFFORD, VA 22554
(703) 659-4171
METRO DC 690-2049
GOVERNMENT LIAISON OFFICE: 6B LIBRARY COURT SE (CAPITOL HILL) WASHINGTON, DC 20003 (202) 546-5550
ACTION ALERT UPDATE
ACTION ALERT UPDATE
September 9, 1982
SENATE VOTES: YES 41 TO NO 47 -- FILIBUSTER CONTINUES
The United States Senate this afternoon voted not to cut off the pro-
abortion filibuster against the Helms Modified Super Bill Amendment (see
text enclosed) to the Debt Limit Increase Bill (H.J. Res. 520). Check the
enclosed Roll Call vote to see how your Senators voted. REMEMBER: BE-
CAUSE WE NEED 60 VOTES, AN ABSENCE IS EQUAL TO A "NO" VOTE!
FIRST CLOTURE VOTE LOSS EXPECTED:
Because we knew several Senators would be out of Washington, and be-
cause we knew some Senators never vote for cloture the first time, we ex-
pected that we would not get 60 votes on the first attempt to shut off the
filibuster.
The second cloture petition will be filed today and another vote to cut
off the pro-abortion filibuster will occur on Monday, September 13th * Again,
we must get 60 votes to stop the filibuster.
ACTION NEEDED NOW!
You must call and send mailgrams (no time for letters) to your Senators
and urge them to vote for cloture on September 13th and on a subsequent
day (if we fail on the 13th, we have one more opportunity) * Everyone must
do this now!
We must convince 19 Senators to join the 41 who voted for cloture today
so that we can stop the filibuster and vote on the merits of the Helms amend-
-
ment (Modified Superbill). The filibuster prevents a vote on the merits of
the Senator Helms' amendment. Here are some quotes from several Senators
who voted to keep the filibuster going; Senators who have in the past said
they did not believe a filibuster should prevent the Senate from voting on
the merits of any issue:
Senator John Glenn (D-Ohio) "...I do not believe in filibusters, and feel the
U.S. Senate should not use the filibuster as a means of avoiding the issue
whatever that issue might be. My record since coming to the Senate will
show that I have voted for cloture on every occasion."
Senator Lawton Chiles (D-Florida) "I do not feel we should use the process
of a filibuster as a means of preventing a vote from ever being taken. At
some point in any debate there should and must be a vote if we are to have
majority rule. "
Senator S. I. Hayakawa (R-California) "I agree that no minority group should
have the right to arbitrarily block Senate action indefinitely and the cloture
rule was adopted to prevent that from happening."
A.L.L.
for God, for Life, for the Family, for the Nation"
ALERT UPDATE
Page 2
Senator Robert C. Byrd (D-West VA) "The Senate must be permitted to work
in an orderly fashion and not allow one or two members to abuse the Rule,
making the Senate a spectacle for the nation."
Senator Dale Bumpers (D-Ark.) "In the past, I have voted for cloture every
time I have had the opportunity. I believe that arguments surrounding an
issue should be aired, considered carefully, and then decided one way or
the other."
CONTACT YOUR SENATORS NOW!! DON'T PUT IT OFF!!
THEY MUST BE PRESENT AND VOTE "YES" TO SHUT OFF THE FILIBUSTER.
BE SURE TO URGE THEM TO VOTE FOR THE HELMS AMENDMENT AFTER THE
FILIBUSTER IS ENDED.
TEAR HERE
To: Government Liason Office
CALL GARY:
American Life Lobby Inc.
202/546-5550
Attn.: Gary L. Curran
/or/
6 Library Court SE
Washington, DC 20003
I contacted my Senators:
(yes/no)
Senator
will/will not support cloture
Senator
will/will not support cloture
Senator
will/will not support Helms Amendment
Senator
will/will not support Helms Amendment
The next time there is an alert, Gary, you can call me and I will respond
at once with information.
Name
Address
City, State, Zip
Phone
Note: If you are already a member of the American Life Lobby State Advisory
Committee, we have all of the above info; simply sign the document and
return.
*Date subject to change and additional votes expected.
September 8, 1982
CONGRESSIONAL RECORD - SENATE
S11155
The PRESIDING OFFICER. The
EXPLANATION OF AMENDMENT No. 2038 ON
Cranch) 137 (1803). Under Marbury, the 8"
Senator from Oregon has the floor
ADORTION TO HOUSE JOINT RESOLUTION 520
preme Court, presented with a proper case,
and has yielded to the Senator from
must rule in accordance with its own inter-
1. SECTIONS 202 THROUGH 205
Montana.
pretation of the Constitution rather than
Sections 202 and 203 basically make per-
with a contrary congressional Interpreta-
Mr. PACKWOOD. What was the re-
manent law the Hyde Amendment funding
tion, because the Justice have taken an oath
quest of the Senator from North Caro-
limitations which in the past have been en-
to uphold the Constitution. As Chief Justice
lina? I did not hear it.
acted piecemeal as riders to various appro-
Marshall stated in Marbury, automatic judi-
Mr. HELMS. I wish to insert a Dear
priation bills. After enactment of this meas-
clal deference to a legislative interpretation
Colleague letter in the RECORD to
ure, such riders will not be necessary. Unless
of the Constitution would constitute an im-
appear following the presentation of
specific appropriations for abortion are
plicit violation of the Justices' oath of
made in the future, there will be no need for
office: the Justices would thereby "close
the Senator from Montana.
Congress to go through the annual Hyde
their eyes on the constitution, and see only
Mr. PACKWOOD. I have no objec-
Amendment battles on appropriations bills.
the law." 5 U.S. (Cranch) at 178. It does not
tion.
This has obvious merit for the more effi-
follow, however, that once the Court has In-
Mr. HELMS. Mr. President, in con-
cient conduct of Senate business. The lan-
terpreted a provision of the Constitution
guage in section 203 stopping federal fund-
members of Congress must automatically
nection with the pending business, I
ing of abortion referrals is a logical exten-
defer to the judicial interpretation. Indeed,
ask unanimous consent to. insert a
sion of Hyde and is based on the power of
members of Congress take the same oath
Dear Colleague letter signed by the
Congress to control the use of appropriated
that the Justices take to uphold the Consti-
distinguished Senator from Alabama
funds.
tution. Confronted with a proposed law that
(Mr. DENTON) and myself and have it
Section 204 extends the Hyde Amendment
is consistent with his own honest construc-
printed in the RECORD, along with an
defunding principle to teaching abortion
tion of the Constitution and with his view of
explanation of amendment No. 2038.
techniques, financing research on abortion,
sound policy, but that conflicts with what
and financing experiments on aborted chil-
he regards as an erroneous Supreme Court
The PRESIDING OFFICER. At the
dren. This provision will not prohibit use of
decision, a member of Congress has at least
conclusion of the remarks of the Sena-
federal funds to teach techniques that,
the right and perhaps the duty to vote for
tor from Montana?
while they can be used for abortion, are also
the bill. To do otherwise would be to close
Mr. HELMS. Yes.
generally used for non-abortion procedures.
his eyes on the Constitution and see only
The PRESIDING OFFICER. With-
The ban here is on using tax money to
the case. Through its power to issue judg-
teach the techniques of abortion or teach-
ments that are binding on the parties to liti-
out objection, it is so ordered.
ing procedures which can only be used to
gation, the Supreme Court will as a practi-
Mr. HELMS. I thank the Senator
perform abortions. Likewise, the research
cal matter generally have the final word in
from Montana and the Senator from
language bans funding of research about
any dispute over constitutional interpreta-
Oregon.
how to perform abortions. It does not stop
tion. But this does not preclude the possibil-
federal funding for compiling purely demo-
ity of a responsible dialogue between Con-
There being no objection, the mate-
graphic data about abortions. Also, the lan-
gress and the Court." (pp. 21-22; see also
rial was ordered to be printed in the
guage on experimentation prohibits federal
remarks of Senator Helms concerning "Sep-
RECORD, as follows:
funding for experiments on live bables after
aration of Powers," CONGRESSIONAL RECORD,
U.S. SENATE,
abortions but before death. Ordinary patho-
August 18, 1982, S10739; and see generally
Washington, D.C., September 7, 1982.
logical and similar procedures are not
Report on S. 158, Subcommittee on Separa-
within the scope of this language.
tion of Powers of the Senate Judiciary Com-
DEAR COLLEAGUE On August 18 Amend-
Section 205 is based on the so-called Ash-
mittee, December 1981.)
ment No. 2038 to the debt ceiling bill, H.J.
brook Amendment prohibiting the govern-
Section 207 provides for appeal as of right
Res. 520, was called up. This amendment is
ment from paying for abortions through
to the Supreme Court from lower court
an amendment in the second degree and
employees' health insurance plans. Al-
orders involving statutes based on this
deals with abortion. A copy is enclosed. We
though not current law, it has passed the
amendment. In addition. award of attor-
want to take this opportunity to explain
House and is generally in effect as a result
neys' fees under federal law is specifically
briefly its purposes.
of administrative action by the Office of
prohibited in cases involving this bill in
The amen "nent accomplishes three basic
Personnel Management.
order to carry out the purpose of ending
go 1s. First, it makes permanent law the
federal financial support in securing abor-
Ц. SECTION 206
Hy de Amendment limitations on federal
tions.
funding of abortion. It also extends this de--
Section 206 affords medical personnel
Section 208 assures severability of this
funding principle so as to remove the feder-
working in institutions receiving federal
amendment in the event of some partial ju-
al government from the abortion business.
funds protection against discrimination on
dicial invalidation.
account of their objections to abortion. This
Second, the amendment gives broad pro-
is a freedom-of-conscience provision. It has
tection against discrimination to medical
antecedents in the Health Services Exten-
personnel, working in institutions receiving
sion Act of 1973 and the Nurse Training
federal funds, who have conscientious objec-
Amendments of 1979.
tions to abortion. In this regard, it expands
the protection previously afforded in the
SECTIONS 201, 207, AND 208
Health Services Extension Act of 1973 and
Section 201 lays a congressional basis for
the Nurse Training Amendments of 1979.
state antiabortion laws, and section 207 sets
Third, the amendment lays a congression-
out the appellate procedure leading to an
al basis for state anti-abortion laws and pro-
orderly reconsideration of Roe v. Wade by
vides for an orderly reconsideration of Roe
the Supreme Court. Taken together, these
V. Wade by the Supreme Court. In its find-
provisions assure that the Court itself will
ings, it expresses a congressional under-
have an early opportunity to reconsider its
standing of the Constitution and the right
much criticized decision in Roe. They do not
to life different from that articulated by the
constitute a reversal of the Court's order in
Roe majority. Further, ft contains a provi-
Roe, but they do express a congressional un-
sion for expedited Supreme Court review of
derstanding of the Constitution and the
any state statutes based on the findings. In
right to life different from that articulated
this way, the Supreme Court itself will be
by the Roe majority.
RSS ured an early opportunity to reconsider
Some critics have suggested that even if
the Roe decision.
Roe v. Wade was wrongly decided and ought
Enclosed is a more detailed explanation of
to be overruled. Congress must always act in
the provisions of the abortion amendment.
conformity with Supreme Court precedents
If you have questions concerning it, please
until the Court itself chooses to overrule
contact us or our staffs.
them. But the Subcommittee on Separation
Sincerely,
of Powers disagreed with this position and
JESSE HELMS,
in Its Report on S. 158 stated as follows:
U.S. Senator.
"This criticism rests on a profound misap-
prehension of the doctrine of judicial review
JEREMIAH DENTON,
espoused in Marbury t. Madison 5 U.S. (1
U.S. Senator.
ROLL CALL - September 9, 1982
YEAS - 41
Abdnor
Domenici
Helms
Nunn
Zorinsky
Armstrong
Durenburger
Huddleston
Pell
Baker
Eagleton
Humphrey
Pressler
Biden
East
Jepsen
Proxmire
Boschwitz
Exon
Johnston
Quayle
Cochran
Ford
Kasten
Randolph
D'Amato
Garn
Lugar
Roth
Danforth
Grassley
Mattingly
Sasser
Deconcini
Hawkins
Murkowski
Symms
Denton
Heflin
Nickles
Thurmond
NAYS
Andrews
Chafee
Heinz
Mitchell
Stafford
Baucus
Chiles
Hollings
Moynihan
Stennis
Bentsen
Cohen
Inouye
Packwood
Stevens
Boren
Cranston
Jackson
Percy
Tower
Bradley
Dixon
Kennedy
Pryor
Tsongas
Brady
Dodd
Leahy
Riegle
Warner
Bumpers
Glenn
Levin
Rudman
Weicker
Burdick
Gorton
Long
Sarbanes
Byrd, Harry F-.
Hart
Mathias
Simpson
Byrd, Robert C.
Hayakawa
Metzenbaum
Specter
NOT VOTING - 12
Cannon
Hatfield
McClure
Dole
Kassebaum
Melcher
Goldwater
Laxalt
Schmitt
Hatch
Matsunaga
Wallop
LAW OFFICES
BARNETT & ALAGIA
1627 K STREET, N.W.
file
OFFICES IN:
WASHINGTON, D.C. 20006
ALL
LOUISVILLE. KENTUCKY
PALM BEACH, FLORIDA
(202) 785-0500
FRANKFORT. KENTUCKY
NASHVILLE. TENNESSEE
CABLE ALBAR
ASHLAND, KENTUCKY
MARJON EDWYN HARRISON
TELEX 89-2445
JACKSON, MISSISSIPPI
PARTNER
February 18, 1982
Mrs. Judith A. Brown
Confiductiol
President
American Life Lobby, Inc.
6B Library Court, S.E.
Washington, D.C. 20003
Re: American Life Lobby, Inc.
Analysis of Legislation
Dear Judy:
American Life Lobby, Inc. ("ALL") requests our comment
with respect to the general subject of pending and proposed
prolife legislation.
ALL invites attention to, among other documents, Bob
Sassone's undated 21-page memorandum, apparently prepared in or
about July 1981; your letter of October 5, 1981 to Professor
Robert Byrne, Fordham University Law School; the letter of Dennis
J. Horan, Esquire, on behalf of Americans United For Life, AUL
Legal Defense Fund, September 28, 1981; and various memoranda,
newspaper clippings and other sources, including, but not limited
to, sundry issues of A.L.L. ABOUT ISSUES. Of course, We also
have read pertinent congressional testimony, judicial opinions
and other sources. From time to time ALL sends, or by other
means we gain access to, additional material -- for example, Free
Congress Foundation's innovative A BLUEPRINT FOR JUDICIAL REFORM.
Inasmuch as that flow may continue indefinitely, we do not
further await developments before responding.
BARNETT & ALAGIA
Mrs. Judith A. Brown
February 18, 1982
Page two
Both orally and in writing ALL requests a very broad
and inclusive, but not necessarily detailed or legally annotated,
analysis. This letter seeks to fulfill that request.
1. Proposed Prolife Statutes
From time to time legislators have introduced bills in
the Congress proposing prolife statutes. The language varies.
Each is advocated upon some facet of the general rationale that
by legislation Congress can implement the Fifth and Fourteenth
Amendments - that is, a statute may flesh out the skeleton by
defining the constitutionally undefined, to wit, the Fifth and
Fourteenth Amendment constitutionally undefined noun "person".
With both imagination and scholarship Professor Joseph
P.. Witherspoon, Maxey Professor of Law, University of Texas, and
Stephen H. Galebach, Esquire, a Washington private practitioner,
have evolved somewhat similar rationale.
In my judgment the statutory approach would not achieve
the desired result.
In the first place, there is a practical disability. A
federal statute essentially would define a constitutional right.
Ultimately it would define a federal crime; and/or would create a
federal cause of action; and/or would allow a private cause of
action cognizable under federal law.
Assuming the availability of votes on the Hill and
signature by the President, as perhaps is possible (inasmuch as
only a majority of those voting in each House would be required
for passage), one still must address the result.
The practical result might be a statute of limited
applicability. Much abortion would fall outside its sweep. The
judiciary might be expected to be reluctant in attempting to
assert jurisdiction under a somewhat novel statutory concept in a
subject matter which historically speaks more to state than
federal law.
BARNETT& ALAGIA
Mrs. Judith A. Brown
February 18, 1982
Page three
However, the infirmities of implementing such a statute
never may be reached. The statute would be justified upon the
ground it implemented the Fifth and Fourteenth Amendments.
Essentially the statute would manifest a congressional finding of
fact. A bare declaration by a statute that, impliedly as a
matter of fact, a fetus is a person does not obligate the judi-
ciary to so define the noun "person". It is argued that a
prolife statute effectively would reverse, or at least render
nugatory, the decision of the Supreme Court in Roe V. Wade, 410
US 113 (1973), and progeny. This is not inevitable. That the
majority rationale in Roe V. Wade is questionable does not
automatically support a novel statutory interpretation designed
to extend the definition of a rather established constitutional
noun.
Stated another way, a statute designed to implement a
provision of the Constitution, absent other infirmities,
ordinarily is held constitutional but a statute designed
essentially as a fact-finding statute is subject to stricter
judicial review and, hence, to the risk of judicial
nullification. A Washington practitioner, Charles E. M. Kolb,
Esquire, addresses these, and other, infirmities in the proposed
prolife statutes quite well, and probably rather presciently, in
67 ABA Journal 1123 (September 1981), photocopy attached.
Accordingly, we cannot view an effort toward enactment
of a prolife statute as fully meaningful.
You understand, of course, our comment has nothing to
do with the integrity of those who espouse a statute, whether as
an interim solution or as a permanent solution to the problem of
abortion upon demand. It is difficult to pry into one's motives
but I believe most, if not all, of the proponents of a statute so
propose in good faith. Certainly the Galebach and Witherspoon
arguments are strongly reasoned. Professor Charles E. Rice,
University of Notre Dame, also endorses the statutory approach.
2. Proposed Judicial Curtailment Statutes
Under date of June 20, 1980, we discuss the consti-
tutionality of statutes which would limit judicial review as to
subject matter.
BARNETT & ALAGIA
Mrs. Judith A. Brown
February 18, 1982
Page four
Our concern herein, therefore, is practical. We
expressed concern more than a year ago as to the existence of the
necessary votes. We now more assuredly doubt the votes exist, or
in the foreseeable future would exist, to enact such a statute.
Recent history of busing, prayer and abortion riders tends to
confirm this deficiency. In addition, the bar - and probably
informed public opinion generally - is trepidous about
legislative attempts to curb judicial jurisdiction as to
constitutional questions. Limitation of judicial incursion is
more apt to be successful by a combination of (1) statutes of
limited and precise applicability and (2) appointment of greater
numbers of "strict constructionist" or judicial nonactivist
judges.
3. States Rights Amendment
Senator Orrin G. Hatch, a majority of the Roman
Catholic hierarchy and others presently are committed to a
proposed states rights amendment ("Hatch"), the argument for
which is said to be the possibility of enactment and ratification
contrasted with the asserted impossibility of enactment and
ratification of a fullblown prolife amendment -- usually
denominated the Human Life Amendment ("HLA").
Ordinarily I opt for the maximum legislation capable of
enactment -- the old half-a-loaf approach. It does no good to
sacrifice a large goal upon a small altar.
However, in this instance I believe the chance of
ratification is not particularly good; the chance of broadly
based, and effective, federal and state legislation in
implementation of Hatch is even weaker; and a judicial imprimatur
is not wholly assured.
As with the statutes, the motives of the sponsors
should not be questioned.
While I agree with those scholars who contend the Hatch
approach would reverse the rule in Roe V. Wade and its companion
case, Doe v. Bolton, to eliminate a right is one step, in itself
not necessarily achieving anything concrete, while to create a
BARNETT & ALAGIA
Mrs. Judith A. Brown
February 18, 1982
Page five
duty is a far more difficult step. If there were no constitu-
tional right to an abortion upon demand, regardless of trimester,
it would not follow that there were an obligation upon the states
to prohibit abortions upon demand. Indeed, the thrust of Hatch,
and part of its perceived political viability in the Congress,
lies in the fact it per se would require nothing affirmative but
simply would reverse or abnegate a judicially created
constitutional right.
As long as a significant number of states of the Union
by legislation permit abortion upon demand, abortion on demand
effectively will exist for all the population save the poorest
and most immobile. Even the latter category would continue to
obtain abortions upon demand in those states allowing them to do
SO.
Further, there is risk -- perhaps probability -- that
the statutory norm in those states legislating against abortion
would be rather minimal, creating ultimately an inter-legislative
common denominator.
As the Yankelovich poll in the November 1981 number of
LIFE, photocopy attached, reports, there is a strong and powerful
drive on the part of a significant portion of that part of the
population directly affected, notwithstanding inhibitions
including feelings of guilt, to obtain abortions under diverse
circumstances. Hence, allowing for some measure of error in the
poll, the results of the poll, of other polls and of contemporary
experience compel the conclusion that there would be a great
number of abortions upon demand were there to be various states
of the Union permitting people to obtain them. The history of
divorce is illustrative. Abortion upon demand, like divorce,
seeks its own level of feasibility, and as water flows generally
to the lowest level of receptivity, so abortion upon demand would
gravitate to jurisdictions of permissibility.
That Hatch would reduce the number of adjudicated cases
presently extending abortion rights would have minimal effect in
most states in reducing the number of abortions upon demand
unless state legislatures legislated vigorously and
restrictively, as some undoubtedly would do while others would
not -- a continual flux, as state laws and political climates
change from time to time.
BARNETT & ALAGIA
Mrs. Judith A. Brown
February 18, 1982
Page six
While the possible forms which state and federal
legislation implementing Hatch might take may appear almost
unlimited, in effect the result would be a nationwide churning of
abortion legislation, probably ultimately resulting in many
nonrestrictive jurisdictions, in continued political discord and
in a substantial continuance of the present practices. It is not
realistic to assume that Congress would superimpose a federal
statute implementing Hatch in those many states which refused to
implement Hatch by state statute. Except in the area of minority
rights, where crucial voter blocks are spread in many electoral
districts, our political history does not presage such
congressional legislation.
Thus, my concern with Hatch primarily is pragmatic.
The effort would involve Congress, the fifty states and the
District of Columbia; the churning would be ongoing; political
fratricide would be the norm; the practical result would be both
limited. and changing, a variable hodgepodge of small certainties
and large uncertainties.
4. Human Life Amendment
The HLA is the ideal solution. However, it is
recognized universally that the votes do not exist for approval
in the Congress or for ratification in the state legislatures.
Hence, the HLA must remain the ultimate objective, while yielding
transiently to a means within the realm of more imminent
possibility.
Because the final wording of the HLA likely has not
been written, I take the liberty of attaching my own draft,
which, if perhaps short of the ideal language, in my judgment
more nearly approaches that objective.
5. Temporary Means
In considering the foregoing series of Hobson's
choices, I tend toward the view that the statutory approach
probably would be most beneficial for the short term.
BARNETT & ALAGIA
Mrs. Judith A. Brown
February 18, 1982
Page seven
More significantly, I would enjoin upon all persons
influential in the prolife movement the essentiality of unity of
approach. Without unity, there will be no means, however
transient, significantly to reduce the engulfing slaughter.
Sincerely,
Claim
MARION EDWYN HARRISON
Enc
MEH: jb
File american sobby Life
Satnoo7
October 26, 1981
10:30Am
Dear Mrs. Brown:
This is with reference to your invitation to the
President to address the "GRASSROOTS PRO-LIFE
EDUCATION CONFERENCE --- UNITY 1981," to be held
November 5-8 at the Sheraton National Hotel in
Arlington, Virginia.
We are very sorry that we have not contacted you
earlier to explain that, in view of the develop-
ments in the President's schedule for early
November, he will be unable to address this
important meeting. He is pleased, however, that
Mr. Morton Blackwell of his staff has accepted
an invitation to appear before the conference.
With his regret that he must have me tell you he
cannot be with you, the President has asked that
I express his appreciation for your thoughtfulness
in offering him this opportunity and that I convey
to you his very best wishes.
Sincerely,
Gregory J. Newell
Special Assistant
to the President
Mrs. Judie Brown
President
American Life Lobby, Inc.
6B Library Court, S.E.
Washington, D.C. 20003
CC: Diana Lozano for Mrs. Dole
Edwin W. Thomas for Mr. Meese
Max Friedersdorf
Morton Blackwell
MUD