Marsha Blackburn (R-TN) introduced a Bills that would prohibit Title X family planning grants from being awarded to any organization that performs abortions -- except Hospitals.
In her Bill, she exempt Hospitals that perform abortions but she does not exempt Planned Parenthood because they do perform abortions - hmmmm.... since the Republican Bill allows one entity (Hospital) to perform abortions but not the other (Planned Parenthood), isn't that a violation of the Constitution's Bill of Attainder laws and Federal Anti-Trust laws?
Constitution, Article 1, Section 9: Bill of Attainder:
No Bill of Attainder or ex post facto Law shall be passed.
The way I understand Bill of Attainder is that when Legislation targets one group, Planned Parenthood, but not others who do the exact same thing, then the Legislation is a violation of Bill of Attainder.
The Bill of Attainder requirement in the Constitution seems to imply that only a court could target one group, (PP) if, and only if, that group is acting in a criminal manner by performing a criminal act. Last I checked, the medical procedure: Abortion, is legal and not criminal.
I am not a lawyer so I may not be wording my concerns correctly. But, for any lawyer out there, the way I see it is like this:
1) Hospitals and Planned Parenthood are competitors in some areas but not all.
2) Bill of Attainder:
If both Planned Parenthood and Hospitals perform the legal medical procedure: abortion, but one (Planned Parenthood) is being defunded for performing abortions while hospitals that perform abortions are not being defunded, in essence: Isn't Blackburn "convicting" PP of a "crime" but not hospitals for the same "crime" -- thereby violating the Constitutions prohibition on Bills of Attainder (Article 1, Section 9)
3) Federal Anti-Trust Laws:
If both Planned Parenthood and Hospitals perform abortions, and the Federal Government prohibits funding for Planned Parenthood because they perform abortions but not Hospitals then isn't the government enhancing and accelerating the downfall of Planned Parenthood while propping up hospitals thereby giving hospitals an advantage to becoming a monopoly with regard to the services in which both entities compete?
Here is Marsh Blackburn's (R) Bill:
The Bill, HR 61:
Title X Abortion Provider Prohibition Act
- Amends the Public Health Service Act to prohibit the Secretary of Health and Human Service (HHS) from providing any federal family planning assistance to an entity unless the entity certifies that, during the period of such assistance, the entity will not perform, and will not provide any funds to any other entity that performs, an abortion. Excludes an abortion where: (1) the pregnancy is the result of rape or incest; or (2) a physician certifies that the woman suffered from a physical disorder, injury, or illness that would place the woman in danger of death unless an abortion is performed, including a condition caused by or arising from the pregnancy. Excludes hospitals from such requirement so long as the hospital does not provide funds to any non-hospital entity that performs an abortion.
Requires the Secretary to provide Congress annually: (1) information on grantees who performed abortions under the exceptions, and (2) a list of entities to which grant funds are made available.
Diane Black (R-TN) introduced a separate Bill that would defund both hospitals and Planned Parenthood if they perform a legal medical procedure: Abortion.
Black's Bill: HR 217
To amend title X of the Public Health Service Act to prohibit family planning grants from being awarded to any entity that performs abortions, and for other purposes.
I appreciate any and all opinions from lawyers out there who may be familiar with Bills of Attainder laws and Anti-Trust laws.