Court: No tax-funded abortion in healthcare law

A federal court said Monday that the healthcare reform law does not provide taxpayer funding for abortion.

The court reached that conclusion in a lawsuit between former Rep. Steve Driehaus (D-Ohio) and the Susan B. Anthony List. SBA List said in campaign materials that by supporting healthcare reform, Driehaus had voted in favor of taxpayer-funded abortion. That statement was false, the court ruled.

"Whether it is possible, under contingent circumstances, that at some point in the future, upon the execution of x, y, and z, that the [Patient Protection and Affordable Care Act] would not prevent taxpayer funded abortion is entirely different from providing for 'tax-payer funded abortion,'" the opinion states. "The express language of the PPACA does not provide for tax-payer funded abortion. That is a fact, and it is clear on its face."

SBA List argued that its statements about Driehaus were protected as an opinion, based on its interpretation of the new law. But the court rejected that argument because SBA List said it is a "fact" that Driehaus supported taxpayer-funded abortion.