The one modest concession that Ben Nelson got from his fellow Democrats on the issue of abortion in Obamacare was a clause that allows states to opt out of the law's requirement to offer subsidized plans that cover elective abortions. In other words, the default position is that your state's exchange will provide plans with abortion coverage. And even if your state does pass a law, your federal tax dollars are still going to pay for abortion coverage in other states.
It nevertheless makes sense for abortion opponents to try to get as many states as possible to opt-out. States like Arizona have already passed mini-Hyde amendments that would apply to Obamacare within their borders, and now the issue is before Florida governor Charlie Crist. Marco Rubio issued a statement urging Crist to sign the bill:
"It is my hope that Governor Crist will come down on the side of life, and sign HB 1143 into law, or at least allow it to become law without his signature. This commonsense measure is a small but important step toward providing women with vital information during perhaps the most critical healthcare decision they will ever make. While it has not received as much attention as the ultrasound provision, this legislation will also allow Florida to opt out of the abortion coverage mandate in the federal healthcare overhaul which was recently passed. If Governor Crist vetoes this legislation, he will clear the way for taxpayer funding of abortion in Florida, an extreme policy which runs contrary to the mainstream values most Floridians share.
“The reality is that this legislation will save lives, and I hope that fact alone will outweigh any concerns Governor Crist may have."
Crist has claimed that he's "pro-life" and taxpayer-funding of abortion is deeply unpopular. But he may veto the measure in order to cut into Democratic candidate Kendrick Meek's base of support.