Lose-Lose on Abortion: Obama’s threat to Catholic hospitals and their very serious counterthreat.

If the Freedom of Choice Act passes Congress, and that’s a big if, Obama has promised to sign it the second it hits his desk. (Here he is at a Planned Parenthood Action Fund event in 2007, vowing, “The first thing I’d do as president is, is sign the Freedom of Choice Act. That’s the first thing I’d do.”) Though it’s often referred to as a mere codification of Roe, FOCA, as currently drafted, actually goes well beyond that: According to the Senate sponsor of the bill, Barbara Boxer, in a statement on her Web site, FOCA would nullify all existing laws and regulations that limit abortion in any way, up to the time of fetal viability. Laws requiring parental notification and informed consent would be tossed out. While there is strenuous debate among legal experts on the matter, many believe the act would invalidate the freedom-of-conscience laws on the books in 46 states. These are the laws that allow Catholic hospitals and health providers that receive public funds through Medicaid and Medicare to opt out of performing abortions. Without public funds, these health centers couldn’t stay open; if forced to do abortions, they would sooner close their doors. Even the prospect of selling the institutions to other providers wouldn’t be an option, the bishops have said, because that would constitute “material cooperation with an intrinsic evil.”