I have been thinking about this. In order to prohibit spending federal money on abortion they had to get an actual piece of litigation, the Hyde Amendment. And it gets attached to appropriations bills.
Yes, you can wipe out one EO with another EO, but I’m not sure you affect the actual legislation this way. It’s hard to think about it when you don’t know what it is supposed to say.
The order - which does not require congressional approval - would be aimed at reflecting long-standing law barring federal aid for abortions except for cases of rape or incest or when the mother's life is threatened
Democratic Reps. Henry Waxman of California and James Oberstar of Minnesota both said an executive order was under discussion by party leaders.