Mr. President, in reserving the right to object, first of all, my friend and colleague, the distinguished Senator from Massachusetts, a moment ago, referred to the Pentagon's policy as a bill. Perhaps this was a Freudian slip, but one way or another, it was an acknowledgment of the fact that it is a change in policy--a change in policy that is in conflict with the spirit if not also with the letter of Federal law. So, as a bill--and I think it is fair to characterize it as such--it ought to have to be passed through Congress. Now, my friend from the State of Massachusetts has used the language of the text of statute 10 U.S.C., section 1039 in much the same way, I would imagine, that Secretary Austin and his advisers parsed it and cribbed it and manipulated it in their development of this policy. But let's remember the reason I say that it violates the spirit if not also the letter of it. It is that there is an argument to be made here that it is. Funds available to the Department of Defense may not be used to support abortions. How is this money being used? Well, with the extra leave time that you wouldn't get in the absence of this and with the travel to another State, it is for the purpose of an abortion. It is conditioned on your getting an abortion. My friend and colleague from Massachusetts points out that it is also there with respect to fertility treatments--IVF or otherwise. Well, all that may be the case, and I have a couple of responses to that. No.…
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