How can an Executive Order overturn a legislated law?
Obama is so devious he will probably overturn his executive order when Repubs take over the Senate and the House...
That's how it works in Obama's new and improved dictatorship. As Alcee Hastings said, they "make up the rules as they go along".
You're right. It can't. It's not legal.
It can’t and the USCCB warned as much. Pro-death extremists will sue, the EO will be toast.
It can’t.
All legislative powers herein granted shall be vested in a Congress of the United States...
It can't.
Ultimately (SCOTUS will have its say on such) it can't but don't confuse logic with Democrat actions.
This move is to give cover to the wavering Demos. Then they can go back home and say: "I was promised they would fix the abortion law and I was lied to. Send me back to Congress so I can fix it right this time!"
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.”