Obama’s executive order that satisfied Stupak does absolutely nothing

Upon first hearing there was talk of an executive order yesterday, I wondered how the administration’s lawyers thought such an order could go beyond the letter of the law in restricting abortion funding.

[L]egal precedents from the time between the Roe decision and passage of the Hyde amendment, as well as some after the Hyde amendment, are extremely clear in stating that federal funds cannot be denied to the provision of abortion except by explicit legislative prohibition.

So what could the White House possibly give Stupak that would not be thrown out by any federal judge in a second? Looking at the executive order (which you can read here), the answer is clearly nothing. The executive order quite literally does nothing that the Senate bill does not already do, and it is careful to say as much.

Full story: The Order – Yuval Levin – The Corner on National Review Online
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  • bahama

    This excutive order is not worth the paper its written on! The senate bill will still fund state agencies with riders that allow abortion. Case in point, the Secretary of Health Care, Siliebus hails from Kansas with the biggest obortion clinic in the midwest. And will continue to be. Escutive order goverens and or mandates the operations of the government, and is NOT a law. Can be changed any second, or by the incomming next president.

  • erick1740

    Stupak is a party hack who drank the kool aide. done in november

  • pharmgirl

    I thought, at first, Stupak was duped by obama and pelosi re: executive order, but when he appeared on the House floor and urged his fellow Dems not to agree to amend the reconciliation bill with the Stupak amendment (of last year), I knew he had betrayed his principles.
    This is a very sad day for America.

  • ojfl

    Congressman Stupak really disappointed. With the Conference of Catholic Bishops saying it was not enough and no real changes in language this was bad. But an Executive Order? An order that will become invalid as soon as the president signs the bill into law? That was not a principled fight. He’d better start fixing the language soon otherwise his stance as pro-life is lost forever.