Law Trumps Executive Order: Stupak "Deal" Changes Nothing, American Flags at Half Mast
by Andy Adams on March 22, 2010 at 3:15 PM
The Stupak “deal,” is a fig leaf at best. Executive Orders cannot and do not trump legislation passed by Congress. If the Senate bill funded abortions (BTW, that is not what the supposedly pro-life Senator Ben Nelson has claimed), no Executive Order will stand against that legislative mandate. Put aside the fact that an Executive Order can be immediately rescinded or changed at the will of the Executive. Obama has shown no willingness keep any promise he makes. Regardless, a simple court challenge will not allow the Executive Order to stand against clear legislative mandate. This is Con Law 101. That is exactly what will happen. But don’t take my word for it.
Talk to National Right to Life:
The National Right to Life Committee (NRLC) remains strongly opposed to the Senate-passed health bill (H.R. 3590). A lawmaker who votes for this bill is voting to require federal agencies to subsidize and administer health plans that will pay for elective abortion, and voting to undermine longstanding pro-life policies in other ways as well. Pro-life citizens nationwide know that this is a pro-abortion bill. Pro-life citizens know, and they will be reminded again and again, which lawmakers deserve their gratitude for voting against this pro-abortion legislation.
The executive order promised by President Obama was issued for political effect. It changes nothing. It does not correct any of the serious pro-abortion provisions in the bill. The president cannot amend a bill by issuing an order, and the federal courts will enforce what the law says.
Talk to the House Minority Leader:
“The law of the land trumps any Executive Order, which can be reversed or altered at the stroke of a pen by this or any subsequent President without any congressional approval or notice. Moreover, while an Executive Order can direct members of the executive branch, it cannot direct the private sector."
“Because of Roe v. Wade, courts have interpreted the decision as a statutory mandate that the government must provide federal funding for elective abortion in through federal programs. In other words, no Executive Order or regulation can override a statutory mandate unless Congress passes a law that prohibits federal funding from being used in this manner."
Oh yeah, talk to the Democrats:
Bart Stupak would have to be an idiot not to know this. Bart Stupak is not an idiot. Thus, I cannot help but believe this whole “negotiation” has been a charade. Bart Stupak never had any intention of standing in the way of Obamacare because it will fund abortions. All he needed was something he could hold onto for political cover. This ain’t it. Congratulations Representative Stupak, President Obama, Speaker Pelosi, and all the other Democrats! For first time in history, you will now direct taxpayer dollars to the funding of abortions in the United States. God help us.
"I am posting my flag at half mast for all the potential American Born Workers that will be aborted by Obama Care”! - Norman Adams