Last night, ObamaCare passed the House of Representatives for the final time after the president persuaded Bart Stupak's pro-life Democrats to vote yes. Obama wooed Stupak with an executive order that will supposedly prevent taxpayer money from funding abortions. Unsurprisingly, the president hasn't signed the order yet, and it's just as well because it's total bunk. The text has been released already and the entire document is a big loophole.
The order would supposedly require insurance plans in the newly-created federal exchange to be segregated from private ones that provide abortions. This would prevent abortions from being funded by any public money. But the text never specifically establishes this segregation. Here's what it says instead:
"I hereby direct the Director of OMB and the Secretary of HHS to develop, within 180 days of the date of this Executive Order, a model set of segregation guidelines for state health insurance commissioners to use when determining whether exchange plans are complying with the Act's segregation requirements, established in Section 1303 of the Act, for enrollees receiving Federal financial assistance."
In other words, the executive order doesn't segregate the funds. It just asks OMB Director Peter Orszag and Secretary of Health and Human Services Kathleen Sebelius to figure it out. Sebelius is stridently pro-choice and gained notoriety when she defended radical abortionist George Tiller in her home state of Kansas.
It would have been very easy for the president to simply type, "Under absolutely no circumstances shall federal funds be used for abortions except in the cases of rape and incest, and where the life of the mother is threatened." Instead we get this:
The Act maintains current Hyde Amendment restrictions governing abortion policy and extends those restrictions to the newly-created health insurance exchanges.
In other words, if the Hyde Amendment is ever overturned -- certainly a possibility given how pro-abortion Obama is -- then this act enables federal funds galore to be used for abortions. When Massachusetts implemented its universal health care plan, abortions ultimately ended up being covered thanks to the bill's loose language. It will only be so long before the same thing happens here.
And of course, at the end of the document, we have the usual closing print that concludes all executive orders.
(c) This Executive Order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity against the United States, its departments, agencies, entities, officers, employees or agents, or any other person.
The executive order isn't the law of the land. No executive order ever has been the law of the land. Bart Stupak held out for months on the principle that siphoning federal funds to abortion doctors is wrong. He wanted specific legal protections in ObamaCare to this effect. Instead he got a loosely-worded executive order that becomes irrelevant if the law is changed or if the president decides he doesn't like it anymore. When Stupak's deal was struck yesterday, the House Pro-Choice Caucus stayed silent. Later every one of them voted in favor of the bill. They understand what eluded Bart Stupak: this ultimately means nothing.
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