ACLJ Files Comment on Behalf of Native American Leader, Opposing Expansion of Abortion Among Native Americans

The ACLJ has taken action to protect the right to life, this time on behalf of Native Americans. Recently, we successfully stopped D.C. and DOJ officials from destroying evidence of partial-birth abortions. Now we have taken action on behalf of pro-life Native Americans. The Indian Health Service (IHS) has announced that it is “updating” its governing regulations to remove all regulations regarding abortions (including basic requirements like record-keeping requirements). We filed a comment on behalf of Lisa Johnson-Billy, an Oklahoma tribal leader, urging the IHS not to further expand abortion among tribal communities. Our comment was also on behalf of Jon Echols, the Majority Floor Leader in the Oklahoma House of Representatives.

IHS regulations for years have prohibited the funding of abortion with IHS funds subject to the narrowest possible exceptions, prohibited money from being used to support the carrying out of abortion, and required that any abortions be carefully documented and recorded. By law, IHS has been subject to the Hyde Amendment via annual appropriations legislation since 1988. However, these regulations are crucial; they implement and provide the parameters for how the Hyde Amendment is enforced.

In January, Biden’s IHS submitted a new proposed rule that would completely remove all federal regulations regarding IHS funding and the provision of abortion. The only limitation on IHS funding would be the Hyde Amendment; and absent the passage of the Hyde Amendment each annual appropriations cycle, IHS would be able to fund and perform abortion on demand under this rule. Without giving any reason, Biden’s IHS is deleting abortion record-keeping requirements and confidentiality requirements contained in previous regulations; under the new rules, abortion would be completely unregulated by the IHS. All the clarity of the past regulations would be completely gone.

We filed our comment on behalf of Lisa Johnson-Billy, a member of the Chickasaw Tribal Legislature. Her leadership and advocacy for Tribal Sovereignty and the well-being of Indian people are significant, and it is particularly important that we represent Native Americans in opposing this new rule and highlighting how it would infringe upon their communities. Our comment was also on behalf of OK Representative Jon Echols, who is likewise fighting to see life protected in these tribal communities. Abortion has an undeniably disproportionate effect on minorities. Planned Parenthood’s founder, Margaret Sanger, infamously championed abortion as a way to reduce “unfavorable” populations, and this new rule is a further reflection of similar policies that use abortion as a tool to target minorities.

All human beings have worth and dignity. For IHS to open up abortion without restriction on Native American reservations is fundamentally inconsistent with that dignity. IHS is supposed to provide for the health and safety of Native Americans. Broadening abortion funding is inconsistent with this purpose. Abortion is not health care, and it is bad for women. It is a dangerous precedent for federal funds to be expanded for the provision of abortion.

This rule change is another clear instance of Executive overreach that wrongfully usurps the authority of Congress to make laws related to the federal government’s funding and performance of abortion. The current Administration looks to expand abortion in whatever way it can, as President Biden just promised in his State of the Union address to “restore Roe v. Wade as the law of the land again.” Please continue to support the ACLJ as we fight for the right to life against this incessant government overreach.