Not to pile on Yuval and Andy’s fine work on this point, but it is truly astonishing that Rep. Bart Stupak has been duped into thinking the president’s executive order has done, or can do, anything to alter the Senate bill. Executive orders have the force of law only within the executive branch and only to the extent they are consistent with legislation. Stupak believes that the Senate bill does not do enough to prohibit the use of federal funds; what he apparently does not realize is that the executive order can do no more to prohibit use of federal funds for abortion than the Senate bill does. If there is any inconsistency between the executive order and the bill, the order gives way to the bill. Moreover, as is typical of executive orders, this one explicitly says that it creates no right at law to sue the U.S. government if funds in fact are paid for abortions. So, the executive order is a nullity. Stupak has allowed himself to be tricked into supporting a bill that he disagrees with on the basis of an executive order that does precisely nothing to alleviate his concerns.
– Bill Burck is a former federal prosecutor and deputy counsel to Pres. George W. Bush. Dana Perino is former press secretary to President Bush.