Monday, March 29, 2010

Executive Order: What is it good for? Absolutely…a year or two

The last post dealt with how Obamacare will make it EASIER to obtain abortions through private insurance companies. This post will focus on the newly created Community Health Centers. Rep. Stupak and other Pro-Life Democrats withheld their approval of the bill until recently because they were worried Obamacare will pay for abortions. The Bill stated that “health services” will be provided, but did not specify what constituted such a service. The controversy was whether abortion would be covered. President Obama won over Stupak and Co. by promising to issue an Executive Order that would forbid CHC from providing abortions. An Executive Order is a written pronouncement by the President telling officials in his branch how to enforce an ambiguous law.

The problem with this arrangement is someone will sue the CHC on the grounds it is denying a woman a basic right and it will have to be resolved by a Federal Court. The existing precedent (Beal v. Doe) states federal funds can cover an abortion UNLESS there is a law that forbids it. The question then becomes: Is the Executive Order a law? It is not because a law passed by anyone other than Congress would be a violation of Separation of Powers. The Executive Order will be struck down and tax dollars will DIRECTLY pay for abortion.

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