White House proposes wide "conscience clause" on abortion, contraception

CWN ^ | 7/17/2008

[markomalley]

This is excellent. I wonder if he tried to do this when he had a Rep. controlled Congress? I don't remember, but I doubt it could pass either house right now?

The proposed action is "rule making," not a law. The "rule" covers how an executive branch agency implements a law (for example, how, exactly, welfare benefits are made, or how, exactly, radio stations are licensed, or whatever). Therefore, the Executive Branch can do what it likes, as long as the proposed "rule" does not contradict a law. Congress has no role in this function at all.

[cpforlife.org]

Thanks Mark. I wonder why he’s waited to the end of his term. I’m guessing the next prez can change the rule.

[markomalley]

I wonder why he’s waited to the end of his term.

I think that he may have just realized that he isn't going to get Congress to cooperate on anything (comment not limited to pro-life issues) and so he may as well do what he can by himself before leaving office.

One other thing, had he done this earlier, Congress could have tacked an amendment onto the HHS appropriation bill (or the Defense Authorization Bill or any other legislation that Bush r e a l l y wanted passed to remove the conscience clause with the force of law. The only way the President could have not signed that amendment into law would have been to veto the whole bill (which might have included funding for Iraq...). Considering that there are a number of pro-abort Republicans, he might not have been able to count on the Republicans in Congress for support to get that amendment stricken out (even when the Repubs controlled Congress).

I’m guessing the next prez can change the rule.

You got it.