Hundreds of lawsuits have been filed against Obamacare, it’s been to the U.S. Supreme Court twice and is headed for a third visit, possibly even a fourth, and hundreds of millions of dollars have been spent promoting and facilitating the health-care takeover.
But one family, the Bracy family from Connecticut, took it on, and won.
The family voluntarily dropped a lawsuit after state officials removed a requirement that all health-plan participants in the state pay an abortion surcharge.
“Americans should not have to pay a special fee for other people’s abortions in order to take care of their own family’s health,” said Senior Counsel Casey Mattox of the Alliance Defending Freedom, which represented Barth Bracy’s family.
“The Bracy family has experience first-hand the kind of deception that was used to pass and that continues to preface this law,” Mattox said. “While we are pleased that Connecticut families will now have a choice to avoid paying this abortion surcharge, it is a shame that other families won’t have that choice, and that most Americans don’t even know that they must pay this secret fee.”
ADF had filed a lawsuit on behalf of the family but then withdrew it when the state made changes that were being sought in the court complaint.
In a filing in federal court in Connecticut, a stipulation outlines how the defendants, the federal Health and Human Services Agency and others “have arranged for a number of health insurance plans to be offered through Access Health CT that exclude coverage of all abortions other than those for which federal taxpayer dollars may be used.”
“Access Health CT representatives will be informed which plans do not include coverage of abortions other than those for which federal taxpayer dollars may be used, so that they may inform customers seeking such a plan.”
According to ADF, even though federal law forbids taxpayer subsidies for elective abortions, the Obamacare law “requires every exchange plan that includes abortion to collect a separate fee that is used exclusively to pay for abortions.”
The law even specifies that consumers cannot be told about the charge.
In Connecticut, the problem developed when the state health exchange “only offered plans that include abortion coverage, and thus every plan on the exchange required the hidden abortion surcharge,” ADF said.
Barth and Abbie Bracy had insurance through a private insurer but lost their coverage because of Obamacare. Forced onto the state exchange, they found that every plan included the mandatory abortion surcharge.
As executive director of the Rhode Island State Right to Life Committee, Barth Bracy had warned people of exactly the problem his family faced. It was only because of his knowledge of the law that he was aware he would have to pay an abortion surcharge that is not disclosed in the premium, ADF reported.
A complaint filed on behalf of the family noted members faced two choices – violate their conscience and faith by paying for abortions or pay steep fines.
ADF reported people in Hawaii, Illinois, New Jersey, Oregon, Rhode Island, Vermont and Wyoming may be faced with the same choice.
“With Obamacare, if you like your current plan, you can’t always keep it, and you may be forced to pay for other people’s abortions in your new plan,” Mattox said when the case developed.
“Neither the Constitution nor federal and state law allow for this type of government coercion. The Obama administration may not value constitutionally protected freedoms, but both federal and state law do.”
WND has reported many times the mandatory abortion funding in Obamacare.
The law first was upheld by the Supreme Court as a tax, but then the government’s plan to require business owners to pay for abortion-causing drugs was struck down. A third challenge alleges the law is faulty because it allows subsidies only in states that set up exchanges, while even now customers of the federal exchange are getting that funding.
Other advancing legal challenges argue Obamacare is illegal because Obama arbitrarily made dozens of changes to the law, and a new petition alleges it violates the Constitution’s privacy protections.
Yet another says that since Obamacare was begun in the U.S. Senate, it is invalid under the Constitution’s requirement that taxing bills start in the House.