Joe’s Latest EO Is More Than Likely Illegal & In Violation of the Hyde Amendment
Rich Welsh| President Joe Biden signed a new unconstitutional executive order to try to get around the Supreme Court’s ruling on the Dobbs case that ultimately overturned the 1973 Roe v Wade decision.
On Wednesday, Biden spoke virtually in front of top White House officials and signed the order that authorizes the use of Medicaid funds to help pro-abortion (blue) states to pay for abortions from women who travel to those death states to have an abortion.
“Secretary Becerra (Health and Human Services) is going to work with states through Medicaid to allow them to provide reproductive health care for women who live in states where abortions were are being banned in that state,” Biden stated. “The executive order makes sure healthcare providers comply with federal law, so women don’t face delays or denials of medically necessary care.”
I am committed to doing everything in my power, including taking strong action like the Executive Order I signed today, to safeguard access to abortion care. pic.twitter.com/eFXVnlb6j1
— President Biden (@POTUS) August 3, 2022
Here is my problem with that. The Congress appropriated the Medicaid funds. When Congress appropriates funds for a specific program, the president can’t reauthorize it with the use of an executive order that doesn’t have the power of Congress behind it to allow him to reauthorize the funds.
The next problem I have is that the US Supreme Court recently ruled on the Dobbs case that Roe was overturned, meaning that the federal government has absolutely no authority on the subject of abortion because it doesn’t appear inside the Constitution. According to the Tenth Amendment, that means the states have the power to create laws about abortion. And it doesn’t mean that the federal government has the authority to spend taxpayer dollars on anything in the states that has to do with abortion.
And lastly, what about the poor people who need to use Medicaid? Joe Biden just authorized the theft from that fund. Will any reporters ever ask him about that?
This attempt by Biden is just another in a string of lawless actions he has taken to protect so-called “reproductive rights,” and it has a lot of legal experts scratching their heads wondering if it will violate the Hyde Amendment. The Hyde Amendment bars the use of federal tax dollars for abortions, except when it comes to rape or incest, or to save the life of the mother, which is knowingly extremely rare.
When asked about the lawless executive order during a White House press briefing, White House mouthpiece Karine Jean-Pierre gave an ambiguous response before walking off.
“This does not, uh, will not, uh, will not violate the Hyde Amendment,” she stuttered. “It is law and we follow the law here. I have to go.”
Jean-Pierre has demonstrated since the day she took over the position as someone who does not belong in that job because she’s horrible at it, but that was probably the worst response a White House press secretary ever gave.
Biden continues to urge the Congress to codify Roe v Wade into law to ensure abortions nationwide.
“I believe Roe got it right, it’s been the law for close to 50 years,” said the President. “And I commit to the American people that we’re doing everything in our power to safeguard access to health care, including the right to choose that women had under Roe v. Wade which was ripped away by this extreme court. But ultimately, Congress must codify the protections of Roe as federal law.”
Congress must codify the protections of Roe as federal law.
And if Congress fails to act, the people of this country need to make their voices heard.
— President Biden (@POTUS) August 3, 2022
Let’s be honest. Joe Biden wasn’t the brightest bulb in the box when he was a young man, and right now, we’re lucky if he knows how to butter toast. I would say, though, that most Democrats in Congress have neither fully read nor understand our Constitution. They believe that the Supreme Court overturned Roe because they didn’t codify it into law. The reason the Supreme Court overturned Roe is that the 1973 court lied and said that abortion was found inside the Constitution. If the power to regulate abortion isn’t found in the Constitution, then ipso facto, the federal government doesn’t have the authority to do it. The problem is that you can read the US Constitution by holding it up to the light, upside down, and you can pour lemon juice on it, and you won’t find “abortion” in there or any reference to it.
The Congress can only codify something where they have the authority to do so. The Constitution initially gave the Congress 18 enumerated powers and abortion was not among them. If the federal government wants to create an abortion law, it can do that, but it has to do it by asking the states for permission in the form of an amendment. The Tenth Amendment says so. Biden knows that’s not going to happen, so he lies by calling for Congress to codify something they don’t have the authority to do.
