They finally talked about abortion and supreme court appointments in debate no. 3. They both lied (like every other president) about there being no litmus tests. In any event, one of the pundits said after the debate that McCain should have called Obama on the proposed Freedom of Choice Act. Here is a discussion about the Act and Obama's comments about the Act:
The Freedom of Choice Act (FOCA)
What is the Freedom of Choice Act?
If you've been paying attention to our presidential candidates -- at least those beholden to Planned Parenthood and NARAL and supporting a "right to choice" in the matter of abortion, you may have encountered the phrase "Freedom of Choice Act." This is what they are referring to:
According to the National Right to Life Committee (NRLC):
The promoters of the FOCA sometimes claim that its purpose is to "codify Roe v. Wade," the 1973 Supreme Court decision that legalized abortion on demand. But the key binding provisions of the bill would go further than Roe, invalidating all of the major types of pro-life laws that have been upheld by the Supreme Court in the decades since Roe.
"The claim that the bill would ‘codify Roe' is just a marketing gimmick by the proponents," explained Johnson. "The sponsors hope that journalists and legislators will lazily accept that vague shorthand phrase – but it is very misleading. The references to Roe in the bill are in non-binding, discursive clauses. The heart of the bill is a ban that would nullify all of the major types of pro-life laws that the Supreme Court has said are permissible under Roe v. Wade, including the ban on partial-birth abortions and bans on government funding of abortion."
The bill flatly invalidates any "statute, ordinance, regulation, administrative order, decision, policy, practice, or other action" of any federal, state, or local government or governmental official (or any person acting under government authority) that would "deny or interfere with a woman's right to choose" abortion, or that would "discriminate against the exercise of the right . . . in the regulation or provision of benefits, facilities, services, or information."
This no-restriction policy would establish, in Senator Boxer's words, "the absolute right to choose" prior to fetal "viability."
The no-restriction policy would also apply after "viability" to any abortion sought on grounds of "health."
According to the National Right to Life Committee's Legislative Action Center, the FOCA was introduced by Democrats in response to the April 18, 2007 U.S. Supreme Court decision (Gonzales v. Carhart) upholding the federal Partial-Birth Abortion Ban Act.
Among the types of laws that the FOCA would invalidate are:
-- The Hyde Amendment, which prohibits most federal funding of abortion, and the laws of many states that restrict state funding of abortion.
-- Laws in effect in some jurisdictions that bar abortions in government-operated hospitals.
-- Laws requiring parental notification or consent, or judicial authorization, before an abortion can be performed on a minor daughter.
-- Laws requiring that girls and women seeking abortion receive certain information on matters such as fetal development and alternatives to abortion, and then wait a specified period before the abortion is actually performed, usually 24 or 48 hours.
-- "Conscience" laws, allowing doctors, nurses, or other state-licensed professionals, and hospitals or other health-care providers, to decline to provide or pay for abortions.
The House bill, H.R. 1964, was introduced by Congressman Jerrold Nadler (D-NY), who in the new Democratic-majority Congress is the chairman of the House Judiciary subcommittee that has jurisdiction over such legislation. To view an always-current list of co-sponsors, arranged by state, click here.
The Senate bill, S. 1173, introduced by Senator Barbara Boxer (D-Ca.), had 13 Democratic cosponsors, including presidential candidate Sen. Hillary Clinton (NY), plus independent Joseph Lieberman (Ct.). (To view an always-current list of co-sponsors, arranged by state, click here.)
Where do Democratic candidates stand on the Freedom of Choice Act (FOCA)?
Barack Obama (in his Statement on 35th Anniversary of Roe v. Wade Decision):
"Throughout my career, I've been a consistent and strong supporter of reproductive justice, and have consistently had a 100% pro-choice rating with Planned Parenthood and NARAL Pro-Choice America.
When South Dakota passed a law banning all abortions in a direct effort to have Roe overruled, I was the only candidate for President to raise money to help the citizens of South Dakota repeal that law. When anti-choice protesters blocked the opening of an Illinois Planned Parenthood clinic in a community where affordable health care is in short supply, I was the only candidate for President who spoke out against it. And I will continue to defend this right by passing the Freedom of Choice Act as president.
Senator Obama is a co-sponsor of the FOCA.
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http://thepublicsquare.blogspot.com/2008/01/freedom-of-choice-act-foca.html