Presidential Action on the Hyde Amendment: Revocation of Prior Orders

Published: Sat 25th Jan 25

The President issued an order to enforce the Hyde Amendment, which historically prevents federal funding of elective abortions, revoking several recent executive orders that counteracted this policy.

The directive mandates that no federal taxpayer dollars are used to fund or promote elective abortions, aligning with longstanding agreement.

It outlines that this order will be implemented in accordance with the law and available appropriations.

Arguments For

  • Intended benefits: Reinstatement of a longstanding policy preventing taxpayer funding of elective abortions, aligning with the Hyde Amendment and reflecting a perceived moral or ethical consensus.
  • Evidence cited: Mentions the nearly five decades of Congressional enactment of the Hyde Amendment and similar laws, implying historical precedent and public support.
  • Implementation methods: The Director of the Office of Management and Budget will issue guidance to executive departments and agencies.
  • Legal/historical basis: The order is based on the President's constitutional authority and the existence of the Hyde Amendment as a long-standing policy.

Arguments Against

  • Potential impacts: May restrict access to reproductive healthcare services for some individuals, potentially leading to negative health consequences and exacerbating health disparities.
  • Implementation challenges: Ensuring consistent implementation across all federal agencies and avoiding unintended consequences in the delivery of healthcare services.
  • Alternative approaches: Exploring alternative funding mechanisms or programs that support reproductive healthcare without using taxpayer dollars for elective abortions.
  • Unintended effects: Potential legal challenges to the order, and the possibility of unintended effects on related healthcare programs and women's health initiatives.

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:

Section 1. Purpose and Policy. For nearly five decades, the Congress has annually enacted the Hyde Amendment and similar laws that prevent Federal funding of elective abortion, reflecting a longstanding consensus that American taxpayers should not be forced to pay for that practice. However, the previous administration disregarded this established, commonsense policy by embedding forced taxpayer funding of elective abortions in a wide variety of Federal programs.

It is the policy of the United States, consistent with the Hyde Amendment, to end the forced use of Federal taxpayer dollars to fund or promote elective abortion.

Sec. 2. Revocation of Orders and Actions. The following Executive Orders are hereby revoked:

(a)  Executive Order 14076 of July 8, 2022; and

(b)  Executive Order 14079 of August 3, 2022.

Sec. 3. Implementation. The Director of the Office of Management and Budget shall promulgate guidance to the heads of executive departments and agencies related to implementation of sections 1 and 2 of this order.

Sec. 4. General Provisions.  (a)  Nothing in this order shall be construed to impair or otherwise affect:

(i)   the authority granted by law to an executive department or agency, or the head thereof; or

(ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b)  This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c)  This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

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