The lie of an executive order banning federal funding of abortions

OK, pay attention now. This is not a pro-life/pro-choice argument.  Both sides of that issue should be concerned about this issue.  What is the issue?  We’ve just seen Rep. Bart Stupak decide to vote “yes” on health care and he is relying on a letter from Pres. Obama that the Pres. will issue an executive order that federal funding of abortions will not be included in this legislation.

It’s a lie for him to say he’s relying on that and the mere issuance of such an executive order is a lie, or at best a false promise having no effect whatsoever and, in fact, federal funding of abortions is a required part of the law of the land.

Here’s why. The landmark case of Roe v. Wade decriminalized abortions and Medicaid came to cover all abortion services. Eventually, an amendment to the medicaid bill known as the “Hyde amendment” restricted funding and yet later further modifications kept some restrictions which still limit federal funding of abortions in some, but not all, circumstances.

The end result is, we presently have in the law the requirement of federal funding of abortions under some circumstances. And an Executive Order cannot alter that result. ONLY if the current health care bill explicitly banned federal funding of abortion could the present law be altered. The President’s swift pen can’t do it.

Thus, regardless of your position on abortion in general, or on federal funding of abortions, you have to be concerned about the red herring be tossed out giving a false sense of how things will work in this regard. It’s just part of the ongoing problem of the process. The games continue.

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About Gil Jones

CPA/Attorney/Judge by training and trade. Hobby nut at heart with BMW m/c, computers, ham radio, kayak fishing, photography, hiking and, starting in 2010 some semi-serious running and bicycling (road and mountain bikes). Retired after 16 years on a Texas District Court bench and since 2013 have been mediating cases. I am a Credentialed Distinguished mediator (TMCA).
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