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Henry Hyde’s Work of Life at 50

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September 30, 2026
Commentary

Seldom in public life is it possible for a legislator to say that a measure he or she authored directly saved millions of human lives. That distinction exists for what has proven to be one of the most durable pro-life bills ever enacted, the Hyde Amendment, which blocks the use of federal funds to pay for abortions.

Today is the 50th anniversary of the 312-93 vote in the U.S. House of Representatives to enact the amendment by overriding President Gerald Ford’s veto of the appropriations bill that contained it. Ford’s veto had been on fiscal grounds and not objection to Hyde, which enjoyed broad bipartisan support for much of its existence.

The eminent statistician Michael J. New, Ph.D., has worked over the years to document the continuing impact of Hyde’s legislation. First, the amendment represents a taxpayer’s conscience clause, protecting the American people from being forced to participate in an act the majority believes violates an essential canon of medicine — respect for life in the womb. But the amendment is not merely a provision to safeguard moral objections to abortion. As Dr. New has thoroughly documented, the Amendment has saved some 2.7 million lives over the half century, with an estimated 60,000 lives still being saved annually because of Hyde and similar funding policies.

An impact on that scale — one that could be still higher if the 21 states that use taxpayer funds to underwrite abortions instead reversed their policies — is hard to fathom. It amounts to about one in every 130 Americans today owing their lives to this single provision. That 747 passing overhead has, mathematically, three or four passengers aboard who are children of the Hyde Amendment. Dr. New has updated his calculations regularly and his analysis has withstood challenges. In fact, the U.S. abortion industry, led by the Guttmacher Institute, acknowledges that Hyde reduces the number of abortions carried out in the United States, most of which, via its impact on the Medicaid program, would be among the poor and minority populations. The disparate impact of abortion on minorities is, of course, not a priority for the population control and eugenic organizations that have led and financed the taking of unborn human life in America.

It would be too easy to conclude from the durability of the Hyde Amendment that it is a settled question in our national life. But for Democrats in Congress and a handful of GOP liberals, its repeal has long been a priority. It would be easy as well, after listening to the unmatched eloquence of Henry Hyde, to believe that no one could fail to be persuaded by his arguments about the equal value of every child. Anyone who served in Congress in that era, or has seen televised debates on the question, cannot forget what it was like when an often half-empty House chamber filled with members as Hyde rose to make the closing argument for another annual extension of his amendment. He was riveting, as this video produced by Family Research Council makes clear, and minds were in fact changed by his eloquence and vision.

But the Hyde Amendment has faced repeated assaults. The first came in the federal courts in the 1970s when the amendment was struck down by second circuit Judge John F. Dooling, Jr. in the case later known as Harris v. McRae. One litigant in the case, the American Civil Liberties Union, set aside its claimed devotion to the First Amendment by following Hyde into church and attempting to show he and other defenders of the amendment were motivated by impermissible religious beliefs about the beginning of human life.

On April 21, 1980, after years of litigation, a 5-4 Supreme Court ruled that the Hyde Amendment was a proper exercise of Congressional authority and that a woman’s right to abortion under Roe v. Wade did not carry with it “a constitutional entitlement to the financial resources to avail herself of the full range of protected choices.” The five-member majority included four justices nominated by Republican presidents and one nominated by Democrat John F. Kennedy, Justice Byron White, who also dissented in Roe.

Remember that in this first decade after Roe struck down all existing state pro-life laws, and later persuaded the federal Health, Education, and Welfare (HEW) department to institute abortion funding as if it were a matter of routine, Democratic President Jimmy Carter supported the Hyde Amendment, as did his HEW Secretary Joe Califano. Figures like Romano Mazzoli, Daniel Flood, and House Appropriations Committee Chairman Bill Natcher — Democrats all — fiercely joined in defense of Hyde.

Natcher on one occasion even criticized the National Right to Life Committee, where I was chief lobbyist, for its characterization of a vote he cast against the Hyde Amendment. He thought its “life of the mother” language at the time, he told me, was too permissive. In the run-up to the high court ruling, one of the most important amicus briefs filed with the court was engineered by the stalwart attorneys for Americans United for Life and promoted by a coalition of then-extant pro-life groups. The House Speaker, Democrat Jim Wright of Texas, led a group of 239 members, a House majority including pro-life and pro-choice representatives, in defense of Congress’s “power of the purse.”

Today, what we broadly refer to as the Hyde Amendment is a whole set of policies the great orator from Illinois led and inspired. In the years after the Hyde Amendment won recognition of its constitutionality from the Supreme Court, key abortion funding limits have been added to legislation affecting the Department of Defense, federal employee health programs, the Legal Services Corporation, the Indian Health Service, foreign assistance programs, the District of Columbia, and other programs. This does not mean the Amendment is now recognized as the lifesaving measure it has proven to be, because it remains vulnerable due to the need for annual renewal by the Congress.

For stretches of time, that renewal seemed to come automatically, but today’s Democratic Party has purged its ranks of even a single national leader who refuses to plunge the bloody hand of government into abortion provision. The Biden administration became the first in decades to find novel ways to involve the federal government directly in abortion provision and facilitation. Biden’s Defense Secretary Lloyd Austin made noise by allowing travel reimbursement and leave policies to accommodate defense department personnel who go out of state for abortions.

In January 2025 the new Trump administration rescinded this assault on the Hyde Amendment, but to date that administration and Congress have made no real effort to win passage of the permanent Hyde Amendment candidate Trump promised pro-lifers to seek during his 2016 campaign, and the president has suggested that he might need to be “flexible” on the Hyde Amendment.

It would be naïve to think that the Hyde Amendment, despite the cradles it has preserved from emptiness, is bound to endure under today’s political conditions. Another half century for life is not guaranteed. The model of Henry Hyde and his towering concern for the least of these among us, our children, generation after generation, needs more than a handful of warriors, in all parties, hewing to his example.

In Hyde’s honor on September 16, Rep. Chris Smith (R-N.J.) led a Special Order on the House floor. As he quoted Hyde, “An innocent, defenseless human life, in a caring and humane society, deserves better than to be flushed down a toilet or burned in an incinerator. The promise of America is that life is not just for the privileged, the planned, or the perfect.” For America, there can be no Golden Age without respect for the lives of our children from the very beginning.

Chuck Donovan
Chuck Donovan served in the Reagan White House as a senior writer and as Deputy Director of Presidential Correspondence until early 1989. He was executive vice president of Family Research Council, a senior fellow at The Heritage Foundation, and founder/president of Charlotte Lozier Institute from 2011 to 2024. He is now co-president of the Science Alliance for Life and Technology (SALT). He has written and spoken extensively on issues in life and family policy.


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