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Executive Order Hijinks [NRO's Andy McCarthy: "This Anti-Abortion EO Is Blatant Chicanery"]
National Review ^ | March 21, 2010 | Andy McCarthy

Posted on 03/21/2010 2:05:40 PM PDT by Steelfish

Executive Order Hijinks [Andy McCarthy]

I know we tire of the hypocrisy, but I really think this is remarkable. We spent the eight years through January 19, 2009, listening to Democrats complain that President Bush had purportedly caused a constitutional crisis by issuing signing statements when he signed bills into law.

Democrats and Arlen Specter (now a Democrat) complained that these unenforceable, non-binding expressions of the executive's interpretation of the laws Bush was signing were a usurpation Congress's power to enact legislation.

But now Democrats are going to abide not a mere signing statement but an executive order that purports to have the effect of legislation — in fact, has the effect of nullifying legislation that Congress is simultaneously enacting?

The Susan B. Anthony List observation that EOs can be rescinded at the president's whim is of course true. This particuar EO is also a nullity — presidents cannot enact laws, the Supreme Court has said they cannot impound funds that Congress allocates, and (as a friend points out) the line-item veto has been held unconstitutional, so they can't use executive orders to strike provisions in a bill.

So this anti-abortion EO is blatant chicanery: if the pro-lifers purport to be satisfied by it, they are participating in a transparent fraud and selling out the pro-life cause.

(Excerpt) Read more at corner.nationalreview.com ...


TOPICS: Editorial; Front Page News; News/Current Events; Politics/Elections
KEYWORDS: 111th; bhoabortion; bhoeo; bhohealthcare; healthcare; obama; socialism; stupak

1 posted on 03/21/2010 2:05:40 PM PDT by Steelfish
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To: Steelfish
"This Anti-Abortion EO Is Blatant Chicanery"

In this we can rest assured our president will be consistent.

2 posted on 03/21/2010 2:07:27 PM PDT by the invisib1e hand (let the rich eat the rich.)
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To: Steelfish

It’s a complete fraud and the Stupid-pact group have sold out. Hope whatever few pieces of silver they traded their souls for were worth it.


3 posted on 03/21/2010 2:08:37 PM PDT by TigerBait
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To: Steelfish

http://www.freerepublic.com/focus/f-news/2476086/posts

Boehner: “Pro-Life” Democrats Can’t Hide Behind an Executive Order

Rec’d via e-mail | Sunday, March 21, 2010 | John Boehner

Posted on Sunday, March 21, 2010 12:10:31 PM by kristinn

GOP Leader: “Make no mistake, a ‘yes’ vote on the Democrats’ health care bill is a vote for taxpayer-funded abortions.”

WASHINGTON, DC – House Republican Leader John Boehner (R-OH) issued the following statement on a potential Executive Order from the White House on abortion:

“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. Legal experts at the US Catholic Conference of Bishops, National Right to Life Committee, Americans United for Life, and Family Research Council have confirmed this view that if the Senate bill is signed into law, it is a statutory mandate for the new health plans to include federal funding of elective abortion. The need for an Executive Order is evidence that this is true, and Congressional Democrats know it. Make no mistake, a ‘yes’ vote on the Democrats’ health care bill is a vote for taxpayer-funded abortions.”


4 posted on 03/21/2010 2:08:43 PM PDT by GailA (obamacare paid for by cuts & taxes on most vulnerable Veterans, disabled,seniors & retired Military)
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To: Steelfish

Bart Stupak


5 posted on 03/21/2010 2:09:39 PM PDT by JohnLongIsland ( schmuckie schucks)
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To: Steelfish
Photobucket
6 posted on 03/21/2010 2:10:00 PM PDT by FlingWingFlyer (How much did your congressman's vote go for? Mine got two bits. Her going price.)
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To: Steelfish

The supposedly ‘pro-life’ D@mocrats once again prove (beyond a shadow of a doubt) that the term ‘principled Democrat’ is an oxymoron...


7 posted on 03/21/2010 2:11:06 PM PDT by Who is John Galt? ("Sometimes I have to break the law in order to meet my management objectives." - Bill Calkins, BLM)
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To: TigerBait

Sundays at 4 pm are the time for Democrats to kill babies.


8 posted on 03/21/2010 2:12:41 PM PDT by Frantzie (TV - sending Americans towards Islamic serfdom - Cancel TV service NOW)
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To: Who is John Galt?

a “pro-life” democrat not only is an oxymoron, but also means the person is a attention whore and a fraud.

Hey Stupidiac.....blood is on your hands and there is NO WAY you can spin this!!!!


9 posted on 03/21/2010 2:14:14 PM PDT by TMA62 (TMA62)
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To: Steelfish

If Stupak thinks he’s assuaged the Party Bosses with this deal, he’s got another thing coming. If and when the President decides to rescind the EO, then Stupak loses face. This could be used as a threat in order to keep him in line on future votes so as to avoid looking like a chump on the health care deal. He’s got a lot more to lose from the President reneging on this thing than Obama does. So in a sense, not only have they bought him off on the Health Care vote, but in perpetuity.


10 posted on 03/21/2010 2:23:32 PM PDT by Cu Roi
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To: Steelfish

Glad McCarthy weighed in on this—he’s got a great legal mind.


11 posted on 03/21/2010 2:24:57 PM PDT by jazminerose
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To: Cu Roi

The Obama EO is not going to stand court challenge.


12 posted on 03/21/2010 2:26:35 PM PDT by Red Steel
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To: Steelfish
Photobucket
13 posted on 03/21/2010 2:26:59 PM PDT by mware (F-R-E-E, that spells free. Free Republic.com baby.)
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To: Cu Roi

The EO itself is empty anyway. It’ll be rescinded around Christmastime. Stupak and his buddies will largely be out of office. The word “stupaker” will be the worst epithet to call a Democrat, meaning a lying snake who pretends to be right-wing in some fashion.


14 posted on 03/21/2010 2:28:36 PM PDT by AmishDude (It doesn't matter whom you vote for, it matters who takes office.)
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To: mware

Excellent pic post!


15 posted on 03/21/2010 2:31:48 PM PDT by Steelfish (ui)
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To: Steelfish

16 posted on 03/21/2010 2:34:09 PM PDT by pabianice
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To: Steelfish
Photobucket
17 posted on 03/21/2010 2:38:40 PM PDT by mware (F-R-E-E, that spells free. Free Republic.com baby.)
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To: Cu Roi

But ...... the EO is not valid.

If Stupak figures it out before the end of the week when they vote on the Senate bill, Stupak could end up voting NO.

Hmmmmm ..? I wonder if the WH thought of that ..??


18 posted on 03/21/2010 2:45:30 PM PDT by The Final Harvest (HEALTHCARE IS NOT A "RIGHT"!!)
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To: CyberAnt
If Stupak figures it out before the end of the week when they vote on the Senate bill, Stupak could end up voting NO.

Oh, for God's sake, give it up! STUPAK WAS NEVER GOING TO VOTE NO, EO or not!

19 posted on 03/21/2010 2:52:46 PM PDT by Sans-Culotte ( Pray for Obama- Psalm 109:8)
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To: GailA; All

So .. let me get this straight.

The EO is not valid because it cannot override established law (the Hyde Amendment) ..?? Do I have that right ..??

I have heard from Fox interviews that the EO WILL NOT BE SIGNED UNTIL AFTER THE SENATE BILL IS VOTED ON AND PASSED .. has anybody else heard that.

If the EO is written after that .. then it could in effect “amend” the legislation - BEFORE IT BECOMES LAW .. and that would be okay ..??

Or, will Obama wait until he signs the legislation into law and then write the EO .. which means the EO would have no effect at all ..??

What is the truth. I looked at my Constitution - and I can’t find anything about EO’s.


20 posted on 03/21/2010 2:57:29 PM PDT by The Final Harvest (HEALTHCARE IS NOT A "RIGHT"!!)
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To: Red Steel
"The Obama EO is not going to stand court challenge."

BINGO! AND Bamster and crooks know it. This way they can try to say "We promised, we promised - but the evil courts struck it down". They are evil. Only a miracle from God can stop this corruption.
21 posted on 03/21/2010 2:59:22 PM PDT by time4good
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To: Sans-Culotte

What makes you so sure ..??


22 posted on 03/21/2010 3:02:37 PM PDT by The Final Harvest (HEALTHCARE IS NOT A "RIGHT"!!)
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To: CyberAnt

Did you click on the link to the video? In that video, Stupak says he can vote ‘yes’ even if he does not get what he claims to want. He says he made his point, and if he loses, he can still vote ‘yes’ “because that’s the way a democracy works”.


23 posted on 03/21/2010 3:19:13 PM PDT by Sans-Culotte ( Pray for Obama- Psalm 109:8)
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To: Sans-Culotte

So what was this stand-off all about then ..??

Just face time on the TV ..??

What a schmuck!


24 posted on 03/21/2010 3:24:13 PM PDT by The Final Harvest (HEALTHCARE IS NOT A "RIGHT"!!)
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To: CyberAnt
Apparently, Stupak enjoyed the support of pro-life groups and was just playacting for their benefit. I hope no one in his state is fooled anymore.

Still there may be a silver lining here, and it does not involve Stupak. By passing the bill, it will become apparent what is in it and opposition will grow, hopefully leading to a repeal. If it had failed, republicans would be blamed for stopping reform.

25 posted on 03/21/2010 3:27:50 PM PDT by Sans-Culotte ( Pray for Obama- Psalm 109:8)
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To: mware

Indeed, Stupak will go down with history’s biggest suckers.


26 posted on 03/21/2010 3:33:01 PM PDT by Repeal 16-17 (Let me know when the Shooting starts.)
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To: CyberAnt

Boehner: “Pro-Life” Democrats Can’t Hide Behind an Executive Order

Rec’d via e-mail | Sunday, March 21, 2010 | John Boehner

GOP Leader: “Make no mistake, a ‘yes’ vote on the Democrats’ health care bill is a vote for taxpayer-funded abortions.”... See More

WASHINGTON, DC – House Republican Leader John Boehner (R-OH) issued the following statement on a potential Executive Order from the White House on abortion:

“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. Legal experts at the US Catholic Conference of Bishops, National Right to Life Committee, Americans United for Life, and Family Research Council have confirmed this view that if the Senate bill is signed into law, it is a statutory mandate for the new health plans to include federal funding of elective abortion. The need for an Executive Order is evidence that this is true, and Congressional Democrats know it. Make no mistake, a ‘yes’ vote on the Democrats’ health care bill is a vote for taxpayer-funded abortions.”


27 posted on 03/21/2010 3:33:18 PM PDT by GailA (obamacare paid for by cuts & taxes on most vulnerable Veterans, disabled,seniors & retired Military)
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To: GailA

Hmmmm ..?? Thanks for just repeating your message which I already read.

Obviously, you didn’t read mine.


28 posted on 03/21/2010 3:37:08 PM PDT by The Final Harvest (HEALTHCARE IS NOT A "RIGHT"!!)
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To: CyberAnt

According to what is posted it is not valid. The other I can’t answer the questions or statements, as I didn’t hear the news, hubby has sports on. I’m getting my news from FR.


29 posted on 03/21/2010 3:46:23 PM PDT by GailA (obamacare paid for by cuts & taxes on most vulnerable Veterans, disabled,seniors & retired Military)
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To: Sans-Culotte

Well .. somewhere here on FR is an article saying that within the Senate bill is a provision that PROHIBITS REPEAL of certain provisions of the bill.

These dems are just plain evil. All they want is TOTAL CONTROL OF ALL OF AMERICA .. and I’m really afraid they have pushed us too far.

The Constitution says we can dissolve the current govt and start over .. and I’m really concerned that we may really have to do that in order to get our Freedom back from these socialist tyrants.

With Obamacare, I’ll probably never live to see it.


30 posted on 03/21/2010 3:47:40 PM PDT by The Final Harvest (HEALTHCARE IS NOT A "RIGHT"!!)
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To: Sans-Culotte

Stop deluding yourself because it will never be repealed—big entitlements have always had this huge fight before they are passed, but in the end after they pass they stay forever. Why is that? Because the freeloaders love the taste of their cheese and the politicians talk tough but will never show enough balls to take it away.


31 posted on 03/21/2010 3:54:45 PM PDT by RedneckReb
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To: CyberAnt
The Constitution Declaration of Independence says we can dissolve the current govt and start over

Fixed it and sadly it appears this will likely need to be the case.

32 posted on 03/21/2010 3:58:20 PM PDT by Repeal 16-17 (Let me know when the Shooting starts.)
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To: Repeal 16-17

Sorry .. I’m exhausted .. and ill.


33 posted on 03/21/2010 4:01:01 PM PDT by The Final Harvest (HEALTHCARE IS NOT A "RIGHT"!!)
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To: mware

I get so tired of this image being over used, but in this case, it is entirely appropriate and well placed. Good show.


34 posted on 03/21/2010 4:05:34 PM PDT by Excellence (Meet your new mother-in-law, the United States Government.)
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To: All

From my automatic email:

“STATEMENT BY THE NATIONAL RIGHT TO LIFE COMMITTEE
ON ABORTION “DEAL” ON HEALTH CARE LEGISLATION

WASHINGTON — (Sunday, March 21, 2010, 6 PM EDT) — In response to today’s announcement regarding an agreement between Rep. Bart Stupak (D-Mi.) and President Obama on the pending health care bill (H.R. 3590), the following statement was issued by the National Right to Life Committee (NRLC), the federation of right-to-life organizations in the 50 states:

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.

To elaborate: The order does not truly correct any of the seven objectionable pro-abortion provisions described in NRLC’s March 19 letter to the House of Representatives, which is posted here: www.nrlc.org/AHC/NRLCToHouseOnHealthBill.pdf

.

Regarding Community Health Centers (CHCs), NRLC has documented the problem created by H.R. 3590 here: www.nrlc.org/AHC/NRLCMemoCommHealth.html.
Prof. Robert Destro, a professor of law and former dean of the Columbus School of Law at the Catholic University of America, and an expert on abortion-related litigation, has sent lawmakers a letter explaining why the bill opens the door to direct federal funding of abortion in Community Health Centers: www.nrlc.org/ahc/DestroLetterToStupakOnCommHealthCenters.pdf

.
Prof. Destro clearly explains why it is the statutory language that will govern.

Regarding the new program to provide tax credits to purchase private insurance, the executive order merely tinkers with the formalities of a bookkeeping scheme under which federal subsidies will pay for plans that cover elective abortion — a break from the longstanding principles of the Hyde Amendment.

The order does nothing at all to mitigate the other abortion-related problems described in the NRLC letter, dealing with bill provisions that create dangerous regulatory mandate authorities, revise Indian health programs, and create pools of directly appropriated funds that are not covered by existing restrictions on funding of abortion. Nor can the order correct the omission from the pending legislation of the necessary conscience-protection language that had been included in House-passed health care legislation last November (the “Weldon language”).

For additional information regarding the abortion-related components of the legislation, and NRLC’s assessment of the gravity of these issues, please refer to the March 19 letter linked above, and other materials posted on the NRLC website at www.nrlc.org/AHC/Index.html.”


35 posted on 03/21/2010 4:44:08 PM PDT by Sun (Pray that God sends us good leaders. Please say a prayer now.)
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To: CyberAnt
Sorry .. I’m exhausted .. and ill.

Perfectly understandable considering what's happening today. Get well soon.

36 posted on 03/21/2010 5:10:42 PM PDT by Repeal 16-17 (Let me know when the Shooting starts.)
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To: time4good

It’s even worse than that. Suppose the legal challenges are appealed all the way to the Supreme Court. Then you have a conservative Supreme Court stuck in an untenable position—either they uphold the law and strike down the EO as un-Constitutional, thus ensuring that Federal money for abortions flows freely (and being seen as Judases by the anti-abortion wing of the GOP)...or they uphold the EO, fly in the face of the Constitution, please the anti-abortion advocates, and infuriate strict constructionists. Either way, the Republicans turn on themselves.

Diabolically brilliant move by Obama and his cronies.

}:-)4


37 posted on 03/21/2010 5:26:44 PM PDT by Moose4 (Wasting away again in Michaelnifongville.)
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To: RedneckReb; blam

OK, you’re right, I guess. No need to vote, or contribute to other candidates. Might as well shoot myself.


38 posted on 03/22/2010 8:11:07 AM PDT by Sans-Culotte ( Pray for Obama- Psalm 109:8)
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