As part of a campaign against Driehaus, SBA List planned to post advertisements on billboards stating, "Shame on Steve Driehaus! Driehaus Voted FOR taxpayer-funded abortion." Driehaus was made aware of the ads before they were put up and filed a complaint with the Ohio Election Commission, arguing that the accusation is a "false claim" and barred under state election laws. The commission on Oct. 14 found "probable cause" that the ads violate state election law.
Details of Lawsuit
SBA List argues in its suit that the Ohio election laws are unconstitutional and that Driehaus and his lawyers are violating the group's free speech rights. The group's "speech is chilled because SBA List is unable to post its planned billboards," the suit states. The company hired to put up the billboards has refused to do so until the matter is resolved, according to SBA List. The suit also argues that the election law is vague and unconstitutional because it does not contain a requirement that candidates prove "actual malice," which has long been a standard for libel in the U.S.
Driehaus is one of several antiabortion-rights House Democrats targeted by SBA List and other conservative groups because of their support for the health reform law. Under the law, people who qualify for federal subsidies can purchase health insurance plans that cover abortion care but only private funds can be used to cover the cost of abortion services. President Obama issued an executive order affirming that the health reform law prohibits the use of federal funds for abortion services. However, antiabortion-rights groups, including SBA List, claim that the restrictions are not strong enough to prevent taxpayer-funded abortions.
Driehaus Reaction
Driehaus on Monday said the suit attempts to circumvent decades-old state election laws that aim to protect political parties against false claims. SBA List "feel[s] they should be beyond the purview of the Ohio Elections Commission and should be able to do whatever they want without any scrutiny," Driehaus said, adding, "We're not going to let them run around lying about our record."
According to the Enquirer, the commission's probable cause finding allows Driehaus and his lawyers to gather evidence and sworn statements from SBA List. Driehaus said SBA List is hiding information that would indicate that its motivations are "purely political" (Horn, Cincinnati Enquirer, 10/18).
Washington Post Examines Claims About Health Reform, Abortion Coverage
The Washington Post on Tuesday examined several claims about the health reform law, including the claim by SBA List and other groups that it will allow taxpayer funding to pay for abortion services. According to the Post, in addressing the issue of abortion coverage, "[d]rafters of the law attempted to assuage both sides of the abortion debate through a compromise that ended up pleasing neither."
The law allows insurers participating in the state-based health insurance exchanges to offer abortion coverage. Individuals who purchase such plans are required to make two separate premium payments, one that covers the majority of the policy and a "far smaller one, as little as $1 per month," for the abortion coverage. Federal subsidies only can be applied toward the first payment. The law also allows states to prohibit their exchanges from offering abortion coverage. In an attempt to reassure abortion-rights opponents, Obama issued an executive order after the law's passage affirming that no federal funding would be used for abortion services.
Antiabortion-rights supporters argue that the law is "little more than an accounting gimmick" and that Obama's executive order is an "empty gesture," the Post reports. They note that the order only calls for compliance with the two-payment system under the exchanges.
Abortion-rights advocates argue that insurers will find the two-payment system too burdensome and will choose not to offer abortion coverage at all in the exchanges (Aizenman, Washington Post, 10/19).
Reprinted with kind permission from nationalpartnership. You can view the entire Daily Women's Health Policy Report, search the archives, or sign up for email delivery here. The Daily Women's Health Policy Report is a free service of the National Partnership for Women & Families.
© 2010 National Partnership for Women & Families. All rights reserved.
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