That is first semester law school stuff. You are right. An EO can’t overrule explicitly passed legislation. This fig leaf is more like a g string. If yhis report is true then stupak should have this legislation hung around his neck (after he is tarred and feathered)!
Yes, and they the Dems know that. Obama and Dem Rat crew get to eat and have their cake too. They know that any court challenge against the EO will invalidate the Obama Executive Order, therefore, they still have their cake.
Stupak can't make his egregious reasoning fly...he's toast in November.