Public Health Over Politics : The White House should back down on gag rule

After forcefully vowing to uphold repugnant and counterproductive regulations that would bar even the mention of the abortion option to poor pregnant patients in federally funded clinics, there are signs that President Bush has finally begun to see the folly of his position.

The so-called “gag-rule” is embodied in Reagan-era regulations that prohibit any discussion of abortion-even when patients specifically ask for such information or for referrals to a physician who might perform one. These absurd regulations were suspended while legal challenges proceeded. But last term the U.S. Supreme Court upheld their constitutionality, clearing the way for implementation. The court, in effect, sanctioned one standard of medical care for poor women-one that forces physicians to withhold medical information-and another for middle-and upper-income women.

The court’s decision was so ethically unpalatable that it immediately galvanized the medical profession, free-speech advocates, a majority of the public and Republicans as well as Democrats in Congress. Legislation preventing implementation of the counseling ban swiftly passed both houses over the summer by veto-proof margins. These bills are now in conference committee.

Throughout the summer the President was steadfast in his determination to enforce this indefensible rule at all costs. In recent weeks, however, Bush has dispatched some of his domestic advisers to sit down with sponsors of the bills in an effort to avert a legislative showdown. The outcome of these negotiations is unclear; they could result in Administration’s withdrawal of the gag-rule regulations or in promulgation of new, more permissive ones. Regardless of the decision, any pragmatism from the Administration on this issue would be wise and welcome.