Not Worth the Paper It's Printed On: Dems' Fantasy Executive Order an Admission Senate Bill Funds Abortion

GOPLeader.gov
Mar. 21, 2010

Catholic Bishops, Others Reject Executive Order Scheme on Common Sense Legal Grounds that It Contradicts American System of Government

The American people are hopping mad about the Democrats' government takeover of health care, none the least that it will funnel their tax dollars to pay for abortion procedures. But having long refused to listen to the American people, Democratic leaders have been focusing on convincing their own self-described pro-life members that this bill somehow isn't a massive implementation of taxpayer-funded abortion.

Now Democratic leaders are working up an executive order on the matter for the President to sign and claiming it will override the very legislation they are trying to enact. This plan is a welcome admission from the President and Speaker that the bill will, in fact, fund abortion procedures with tax dollars. But rather than fixing this fatally-flawed bill, this scheme is simply an attempt by Democratic leaders to provide political cover for wavering Democrats who profess to be pro-life. Because our constitution is pretty clear, however, about which branch of government writes laws, this new half-baked plan isn't holding water with the U.S. Conference of Catholic Bishops:

"The statutory mandate construed by the courts would override any executive order or regulation.  This is the unanimous view of our legal advisors and of the experts we have consulted on abortion jurisprudence.  Only a change in the law enacted by Congress, not an executive order, can begin to address this very serious problem in the legislation." (Richard Doerflinger, U.S. Conference of Catholic Bishops)

  It's quite simple actually. The U.S. Constitution declares that the legislative branch writes the laws of the land. And the law of the land supersedes any executive action.  No executive order or regulatory policy can override a statutory mandate, or as the National Right to Life Committee, Americans United for Life, and the Family Research Council have put it:

"If the bill is signed into law, these statutory requirements and defects are not subject to correction or nullification by the chief executive or his appointees, whether by Executive Order, regulation, or otherwise." (NRLC statement)

   "An Executive Order cannot prevent insurance companies that pay for abortions from participating in the exchanges.  Further, Executive Orders can be undone or modified as quickly as they are created.  This is a blatant attempt to subvert democracy and should be quickly quashed." (Dr. Charmaine Yoest, President & CEO of Americans United for Life Action)

  "If the Obama Administration continued to falsely believe the Senate bill had no problem on the issue of funding abortion and funding health plans that include abortion, he certainly would not put forth the idea of an EO. Because of an EO would give no protections to the unborn when it comes to funding for abortion in the Senate and Reconciliation bills, FRCAction will still score votes on both in our scorecard for the Second Session of the 111th Congress." (FRC letter to members of Congress)

  This new ploy reinforces that, at the end of the day, a 'yes' vote for this government takeover of health care is a 'yes' vote for sending hard-earned tax dollars to pay for abortions.  This much is clear. What's less is clear is if 'pro-life' Democrats will stand by their principles or side with their party.












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