This September marks the 50th anniversary of the Hyde Amendment’s first passage in the House of Representatives — the annual appropriations rider that bars federal funding of elective abortion.
No one should be surprised that Democrats would mark the moment by extending Affordable Care Act subsidies that help enable backdoor abortion funding in blue states. What did surprise pro-lifers was President Donald Trump’s recent declaration that Republicans “have to be a little flexible on Hyde.”
Human lives aren’t negotiable. Neither is the Hyde Amendment.
“We’re all big fans of everything, but you have to have flexibility,” Trump told House Republicans in Washington on Jan. 6. He urged them to “work something” out on health care, a line that seemed to suggest Hyde could become a bargaining chip.
For millions of GOP voters, it cannot.
Just one year ago, the president aligned himself with them. On his fourth day in office, he signed an executive order declaring that “consistent with the Hyde Amendment,” it is the policy of the United States “to end the forced use of Federal taxpayer dollars to fund or promote elective abortion.”
The same president helped overturn Roe v. Wade, restored the Mexico City policy ending funding for overseas abortions, and declared himself the “most pro-life president” in history.
If his position has changed, Americans have the right to know.
The Hyde Amendment is estimated to have saved more than 2.6 million lives over the past five decades. It forbids the use of federal tax dollars for abortions except in cases of rape, incest, or a life-threatening medical emergency.
Yet the abortion lobby found a work-around. Twenty state Medicaid programs cover elective abortions using state funds, and millions of enrollees in those plans receive federal subsidies to help pay their premiums.
In plain terms, federal tax dollars indirectly support abortion in blue states, regardless of Hyde. It’s the same moral and fiscal problem that drove Congress to defund Planned Parenthood in Trump’s One Big Beautiful Bill Act spending package last July. Why cut off one pipeline while leaving another one wide open?
The Jan. 1 expiration of Biden-era enhancements to Obamacare subsidies offered Republicans a chance to close this loophole.
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Photo by Kyle Mazza/Anadolu via Getty Images
House Republicans, to their credit, tried. In December, they passed H.R. 6703, which would explicitly block federal dollars from helping pay for a Medicaid plan that covers elective abortion. The Congressional Budget Office projects that the bill would lower Obamacare premiums by 11% on average through 2035 — nearly double the estimated reduction in the Democrats’ plan — and shrink the national deficit by $35.6 billion.
Then 17 Republicans defected.
On Jan. 8, they voted with Democrats to force a “clean” three-year extension of Obamacare subsidies with no language protecting taxpayers from subsidizing abortion.
Now the bill moves to the Senate, where negotiations reportedly continue on a bipartisan package. Thankfully, contrary to Trump’s calls for “flexibility,” Majority Leader John Thune (R-S.D.) has signaled that Hyde will remain non-negotiable in any deal.
“We want to ensure that, if we do anything, it’s done in a way that reforms these programs and … ensures that those dollars aren’t being used to go against the practice that’s been in place for the last 50 years around here, when it comes to taxpayer dollars being used to finance abortions,” Thune told reporters on Jan. 6.
The president — and any Republicans tempted to treat Hyde as disposable — should follow Thune’s lead. Trump may have a gift for “the art of the deal,” but the values at the center of the Republican coalition are not bargaining chips.
The GOP has long cast itself as a party of abolitionists, freedom fighters, and defenders of the vulnerable unborn. It should not compromise those claims for short-term political convenience — and become what it says it opposes.
Respectfully, Mr. President, human lives aren’t negotiable. Neither is the Hyde Amendment.
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