Feb. 11, 2011 - Markup on H.R. 358

Disregarding America's call for Congress to address their top priority: job creation, Friday, February 11, 2011 Republicans held the first legislative markup of the Subcommittee on Health to debate one of the most hard-fought and delicately balanced provisions of the Affordable Care Act. Instead of working together on policy that would strengthen middle class families, Republicans used the time to discuss ways to prevent Americans from receiving health services. These extreme efforts go far beyond current law. Federal funds for abortions are already prohibited except for rape, incest, and life-threatening situations. Visit the markup video page to watch the new Republican majority in Congress discuss its desire to limit availability of reproductive health options for women.

At the markup, Rep. Anthony Weiner raised a point of order against consideration of H.R. 358. Mr. Weiner quoted from House Rule XII, clause 7(c)(1), which provides: "A bill or joint resolution may not be introduced unless the sponsor submits for printing in the Congressional Record a statement citing as specifically as practicable the power or powers granted to Congress in the Constitution to enact the bill or joint resolution." Mr. Weiner then read from the statement submitted by Subcommittee Chairman Joe Pitts, the sponsor of the legislation, which stated in full: "Congress has the power to enact this legislation pursuant to the following: The Protect Life Act would overturn an unconstitutional mandate regarding abortion in the Patient Protection and Affordable Care Act." As Mr. Weiner argued in support of his point of order, the statement submitted by Mr. Pitts does not identify any specific provision in the Constitution that authorizes Congress to enact his legislation. The new Republican majority adopted the constitutional statement requirement with great fanfare in January. As the provision is now part of our rules, it should be appropriately enforced -- not rendered meaningless -- as the Energy and Commerce Committee approaches its first full Committee markup.

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