Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Monday, March 15, 2010

Others respond to T.R. Reid: "Why Universal Health Care Will Not Reduce Abortion Rates"

Michael New (here) writes:

[S]upporters of Obama’s health-care reform are now changing their approach and going on the offensive. In an editorial that ran in the Washington Post on Friday, author and journalist T. R. Reid argued that universal health care will lower the abortion rate in the United States. Using data from the United Nations, his argument relies on the fact that several European countries with universal health care also have lower abortion rates than the United States does.

However, Reid’s analysis is superficial and unconvincing. First, abortion rates in the United States are lower than what the UN statistics indicate. In 2005, the most recent year for which data is available, the U.S. abortion rates reported by the Alan Guttmacher Institute and the Centers for Disease Control are 19.4 and 15, respectively. As such, the incidence of abortion in the United States is comparable to that of many European countries with universal health care, including Great Britain, France, and Sweden. Furthermore, even though Australia and New Zealand offer more generous public health benefits than the United States does, their rates of abortion are similar to ours.

More importantly, simply comparing the U.S. abortion rate to abortion rates in countries with universal health care is misleading. The United States has a far more racially diverse population than many of these European countries, and statistics show that a number of minority groups have higher-than-average abortion rates.

Furthermore, the experience of states that have offered more generous provision of public health benefits is instructive. For instance in 1974, Hawaii passed legislation requiring all employers to provide relatively generous health care benefits to any employee who works 20 hours a week or more. Since that time, Hawaii has consistently had one of the lowest rates of uninsured adults in the country. However, according to data from the Alan Guttmacher Institute, Hawaii’s abortion rate consistently exceeds the national average

An even better example comes from Tennessee. In 1994, Tennessee launched an ambitious public insurance program to cover its uninsured. TennCare, as it is called, expanded Medicaid to cover people who couldn’t afford insurance or who had been denied coverage by an insurance company. With an initial budget of $2.6 billion, TennCare quickly extended coverage to an additional 500,000 people by making access to its plans easy and affordable. The program, however, became so expensive that Tennessee was forced to scale it back in 2005.

Despite the fact that Tennessee invested heavily in more generous public health benefits, their abortion rate has not changed much since the mid 1990s. In fact, the decline in Tennessee’s abortion rate is actually well below the national average. Between 1995 and 2005, the Guttmacher Institute reports that the national abortion rate fell by 13.8 percent. However, in Tennessee the abortion rate fell by only 3.3 percent. Overall, it seems clear that more generous health benefits in Tennessee did little to reduce the incidence of abortion.

More importantly, there exist many reasons current health-care reform proposals would actually increase abortion rates. For instance, the legislation which passed the Senate and which Democrats are trying to push though the House includes public funding for abortion. This should concern pro-lifers for several reasons. First there is plenty of evidence that government subsidies for abortion increase abortion rates. Second, if abortion becomes a federally mandated benefit, that could jeopardize a number of state-level pro-life laws — including parental-involvement and informed-consent laws. Finally, one reason why the abortion rate in the United States has fallen is the substantial decline in the number of abortion providers. A steady flow of federal funds to abortion providers could stem or even reverse this trend.

More on Citizens United: A reponse to Michael

I do not think my views about the Citizens United decision should divide Michael and me, because it seems to me that the theory of judicial review (and constitutional interpretation) that Michael defends in his recent books point in the same direction as the Court majority.  But -- and this is awkward, I admit, for me! -- Michael (the author of those books) disagrees.  Oh well.  That said, I want to echo Michael again:  Facts matter.  And, as my colleague, election-law-expert Lloyd Mayer wrote:

There are several reasons why the[] worst case scenarios are unlikely. First, the decision does not threaten the longstanding prohibitions on corporate contributions to candidates or probably even the more recent prohibition on such contributions to political parties. . . .

Second, corporations were able to engage in a significant amount of election-related spending even before this decision. . . .

The decision therefore does not mean we will suddenly see a flood of election spending by big corporations such as GE or Microsoft. A more likely scenario is that smaller corporations, without the resources needed to legally avoid the prohibitions that Citizens United overturned, may now enter the election arena. . . .

At the end of the day, the key question will be whether we the voters, who are the targets of all this spending, will be able to rise to the challenge of filtering this increased volume of messages. Regardless of how much corporations can and do spend, it is up to us as individual citizens, not any corporation or union, to decide which candidates we elect.

Indeed.

T.R. Reid responds to Rick Garnett

[Whether he responds effectively or not, you decide.]

Washington Post, 3/14/10

Universal health care tends to cut the abortion rate
T.R. Reid

Countless arguments have been advanced for and against the pending bills to increase health-care coverage. Both sides have valid concerns, which makes the battle tight. But one prominent argument is illogical. The contention that opponents of abortion should oppose the current proposals to expand coverage simply doesn't make sense.

Increasing health-care coverage is one of the most powerful tools for reducing the number of abortions -- a fact proved by years of experience in other industrialized nations. All the other advanced, free-market democracies provide health-care coverage for everybody. And all of them have lower rates of abortion than does the United States.

This is not a coincidence. There's a direct connection between greater health coverage and lower abortion rates. To oppose expanded coverage in the name of restricting abortion gets things exactly backward. It's like saying you won't fix the broken furnace in a schoolhouse because you're against pneumonia. Nonsense! Fixing the furnace will reduce the rate of pneumonia. In the same way, expanding health-care coverage will reduce the rate of abortion.

At least, that's the lesson from every other rich democracy.

The latest United Nations comparative statistics, available at http://data.un.org, demonstrate the point clearly. The U.N. data measure the number of abortions for women ages 15 to 44. They show that Canada, for example, has 15.2 abortions per 1,000 women; Denmark, 14.3; Germany, 7.8; Japan, 12.3; Britain, 17.0; and the United States, 20.8. When it comes to abortion rates in the developed world, we're No. 1.

No one could argue that Germans, Japanese, Brits or Canadians have more respect for life or deeper religious convictions than Americans do. So why do they have fewer abortions?

One key reason seems to be that all those countries provide health care for everybody at a reasonable cost. That has a profound effect on women contemplating what to do about an unwanted pregnancy.

The connection was explained to me by a wise and holy man, Cardinal Basil Hume. He was the senior Roman Catholic prelate of England and Wales when I lived in London; as a reporter and a Catholic, I got to know him.

In Britain, only 8 percent of the population is Catholic (compared with 25 percent in the United States). Abortion there is legal. Abortion is free. And yet British women have fewer abortions than Americans do. I asked Cardinal Hume why that is.

The cardinal said that there were several reasons but that one important explanation was Britain's universal health-care system. "If that frightened, unemployed 19-year-old knows that she and her child will have access to medical care whenever it's needed," Hume explained, "she's more likely to carry the baby to term. Isn't it obvious?"

A young woman I knew in Britain added another explanation. "If you're [sexually] active," she said, "the way to avoid abortion is to avoid pregnancy. Most of us do that with an IUD or a diaphragm. It means going to the doctor. But that's easy here, because anybody can go to the doctor free."

For various reasons, then, expanding health-care coverage reduces the rate of abortion. All the other industrialized democracies figured that out years ago. The failure to recognize this plain statistical truth may explain why American churches have played such a small role in our national debate on health care. Searching for ways to limit abortions, our faith leaders have managed to overlook a proven approach that's on offer now: expanding health-care coverage.

When I studied health-care systems overseas in research for a book, I asked health ministers, doctors, economists and others in all the rich countries why their nations decided to provide health care for everybody. The answers were medical (universal care saves lives), economic (universal care is cheaper), political (the voters like it), religious (it's what Christ commanded) and moral (it's the right thing to do). And in every country, people told me that universal health-care coverage is desirable because it reduces the rate of abortion.

It's only in the United States that opponents of abortion are fighting against expanded health-care coverage -- a policy step that has been proved around the world to limit abortions.

T.R. Reid, a longtime correspondent for The Post, is the author of "The Healing of America: A Global Quest for Better, Cheaper, and Fairer Health Care."

Establishment and State Action

Many MOJ readers may want to read pages 1278-1290 of the March issue of the Harvard Law Review:  "The State Action Doctrine and the Establishment Clause" ... which is part of a long Developments Note:  "Developments in the Law--State Action and the Public/Private Distinction," 123 HLR 1248 (2010).

"Obvious"?

Michael agrees (I gather) with the following statement of Cardinal Hume:

“If that frightened, unemployed 19-year-old knows that she and her child will have access to medical care whenever it’s needed, she’s more likely to carry the baby to term. Isn’t it obvious?”

Is the suggestion that, because this observation is "obvious", that the current health-insurance-reform proposal(s) will / might / could reduce abortions and -- putting aside non-abortion-related doubts about the wisdom / efficiency / costs of these proposal(s) -- should / may / must therefore be supported s about the wisdom of the bill?

I agree with Michael that "the facts matter" -- in this and all other debates -- and so I would love to know the answers to questions like, for example, "How does the marginal increase in the number of 'frightened, unemployed 19-year-old(s)' who do not at present have "access to medical care", who know that (several years from now, under the current proposals) '[they] and [their] child[ren] will have access to medical care', and who therefore might choose not to abort their children compare to the marginal increase in the number of women who will abort their children -- and who otherwise might not -- if those abortions are (directly or indirectly) subsidized?"  I do not know the answer to this question.

What would Jesus do?

Not, I think, what Archbishop Chaput is doing.  But decide for yourself:  read this article.

It seems worth mentioning here that Steve Shiffrin's daughter ...

... Seana Valentine Shiffrin, who is a distinguished philosopher at UCLA and also the Pete Kameron Professor of Law and Social Justice at UCLA Law, has a masterful essay in the March issue of the Harvard Law Review:  "Inducing Moral Deliberation:  On the Occasional Virtues of Fog," 123 HLR 1214.

Tim Jost responds to the USCCB on the Senate bill

Tim Jost (who is a devout Mennonite) and I overlapped at Ohio State during the 1981-82 academic year.  dotCommonweal is emphasizing Tim's response to the USCCB:

Jost answers the USCCB’s prolife office

Posted by Matthew Boudway

Until today, this memo by Timothy Stoltzfus Jost of Washington and Lee law school, was the best analysis of the Senate bill’s abortion language I had seen. Now the best analysis I’ve seen is his response to the USCCB’s critique of that memo. (Strangely, the USCCB’s critique was posted not on their own Web site but on that of the National Right to Life Committee.) Jost’s response is a model of courtesy, scruple, and analytical sobriety. He looks at every feverish speculation advanced by prolife opponents of the Senate bill and heads it off at the pass. He offers the economic and historical context without which it is impossible to understand what’s really at stake. He offers good prolife reasons to support the Senate bill (now the only bill worth talking about). And all the while he manages, quite remarkably, not to lose his temper with those who have made and repeated dubious claims even after they’ve been corrected.

[Read the rest, here.]

An issue that has divided Rick and me: Citizens United

[This, from Leiter Reports:  A Philosophy Blog.]

The U.S. Supreme Court Strikes a Decisive Blow for the Plutocracy

I meant to post something several weeks ago about the Supreme Court's outrageous decision striking down limits on corporate spending on elections, but other events overtook my efforts.  The best explanation of the decision and the issues I have seen comes from my colleague Geoffrey Stone, a leading First Amendment expert.  Senator Feingold (Wisconsin) has a straightforward commentaryThis statement is quite fair about the import of the decision and about its radical character.

It is obviously a disaster for a country that, qua putative democracy, is already a mess.  It's hard to imagine that the U.S. could become more of a naked plutocracy than it already is, but I guess we're about to find out.

Quote of the day, from dotCommonweal

Quote of the day:

Posted by Grant Gallicho

“If that frightened, unemployed 19-year-old knows that she and her child will have access to medical care whenever it’s needed, she’s more likely to carry the baby to term. Isn’t it obvious?” — Cardinal Basil Hume to T. R. Reid, as reported in Reid’s Washington Post column, “Universal Health Care Tends to Cut the Abortion Rate.”