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WASHINGTON – Sen. John Kennedy (R-La.) joined Sen. James Lankford (R-Okla.) in filing a public comment letter with the Sen. John Kennedy (R-La.) joined Sen. James Lankford (R-Okla.) in filing a public comment letter with the Department of Health and Human Services (HHS) demanding that it enforce all conscience protections that Congress has passed into law all statutory conscience protections that Congress has passed into law.

The letter comes in response to the Biden administration’s proposed rule to eliminate and change certain conscience protections that currently protect medical professionals.

“Congress has enacted federal conscience statutes that govern HHS-funded programs to ‘protect the rights of individuals, entities, and health care entities to refuse to perform, assist in the performance of, or undergo certain health care services or research activities to which they may object for religious, moral, ethical, or other reasons.’ The proposed rule falls short of properly enforcing these laws as written and consistent with Congressional intent,” the lawmakers wrote.

“The Proposed Rule claims that ‘our health care systems must effectively deliver services—including safe, legal abortions—to all who need them in order to protect patients’ health and dignity.’ Leaving aside that the current Administration has focused immense attention on promoting and paying for abortion, including at times, in violation of federal and state law, such a claim will only lead to further diminution of conscience rights provided by Congress. It is unfortunate, but not surprising, that in the wake of the decision in Dobbs v. Jackson Women’s Health Organization, HHS has still prioritized abortion access over nearly anything else, including following and enforcing the law,” they continued.

“Instead of supporting proposed legislation like the Conscience Protection Act to allow victims of discrimination to also have their day in court, HHS is blocking possible legal remedy for victims of discrimination by dropping enforcement actions and clear mechanisms for investigation and enforcement, and making it harder for any further discrimination claims to be filed, investigated, and remedied,” explained the lawmakers.

Sens. Cindy Hyde-Smith (R-Miss.), Roger Marshall, M.D. (R-Kan.), Thom Tillis (R-N.C.), Kevin Cramer (R-N.D.), Marsha Blackburn (R-Tenn.), Marco Rubio (R-Fla.), Jim Risch (R-Idaho), Ted Cruz (R-Texas), John Thune (R-S.D.), John Boozman (R-Ark.), Josh Hawley (R-Mo.), Mike Braun (R-Ind.), Steve Daines (R-Mont.), Deb Fischer (R-Neb.), Mike Crapo (R-Idaho) and Joni Ernst (R-Iowa) also signed the letter.

 Rep. Andy Harris (R-Md.) led the letter in the House of Representatives. 

The full letter is available here.