Barry,

It wasn’t want the American people wanted – but it’s what they got.  President Obama – with a last minute deal to secure the necessary votes – agreed to issue an Executive Order on the abortion funding issue in the health care plan.

The reality is that the Executive Order doesn’t change a thing.  It doesn’t trump the legislation that was approved – legislation that becomes law with the President’s signature.  This legislation contains the language that clears the way for federal funds to be used for abortion.  That’s what becomes law – that’s the controlling language – not some promise put in an Executive Order.

Even abortion rights supporter Rep. Diana DeGette (D-Colo) said she doesn’t have a problem with the Executive Order because “it doesn’t change anything.” 

And, Rep. Bart Stupak (D-Mich) – who traded his vote for the president’s promise – admitted today that the Executive Order is fragile and told FOX News that there’s nothing – as he put it – that would stop this president from a month from now, a year from now, ten years from now, of repealing this Executive Order.

If an Executive Order is so effective, why didn’t President Obama just draft one up on the whole health care issue and sign it?  That’s because it’s Congress – not the President – that has the constitutional obligation and authority to enact legislation – to create laws. 

What is clear is that the legal challenges are coming – and there will be many.   Nearly 40 states are lining up to file suit.  There will be direct challenges to the individual mandate that will force Americans to a buy a product they don’t want – in this case a health care plan. 

The individual mandate requirement violates the Commerce Clause of the Constitution and will affect a wide variety of Americans who opposed this package.  It will include pro-life Americans who understand that being forced to purchase a pro-abortion health care plan – something they reject – is unconstitutional.

We will be involved in the litigation challenging this health care package.  The constitutional issues at stake are significant.  And, it’s likely this ultimately will end up before the Supreme Court.

There’s also plenty of action on the legislative front where members of Congress are already working on bills to repeal this measure.  

Any way you look at it, Barry, this is a bad move that translates into bad law. 

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