Reply #10: Here is the opinion, This is a Budget Reconciliation law restriction [View All]

[happyslug]

https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2009cv1575-44

This case had been DISMISSED on the Plaintiff's lacking standing to bring the action, but that was reversed on the ground they did have standing under the "The Court of Appeals reversed, concluding that Drs. Sherley and Deisher had standing under the competitor standing doctrine. Sherely v. Sebelius, – F.3d –, 2010 WL 2540358, (D.C. Cir. 2010).

The Court then determined it was bound by a Statute passed by Congress:

"Dickey-Wicker Amendment, which prohibited the use of federal funds for “(1) the
creation of a human embryo or embryos for research purposes; or (2) research in which a human
embryo or embryos are destroyed, discarded, or knowingly subjected to risk of injury or death
greater than that allowed for research on fetuses in utero under” applicable federal regulations.

Thus this is a STATUTORY problem, that Obama apparently tried to work around by Regulation. You can NOT do that.

The sad part of this is this Statute comes through the budget process and has since 1996. What that means is Congress MUST pass it every year along with the rest of the Budget. If NOT passed as part of the Budget, it dies i.e. is NO longer a Statute passed by Congress. Now, several other aspects of the law is passed as part of the Budget process (For example evictions from Public Housing based on activities on or OFF Public Housing property, another Budget included restriction, if NOT passed as part of the Budget the law reverts back to what it was prior to 1996, eviction for actions on or near Public Housing property). The Congress could have killed this statute since the Democrats won control of the House and Senate in 2006, The Democrats have refused NOT to pass these "Budget Reconciliation" bills, thus they remain the law of the land.

P.S. Another statute passed as part of the Budget is the requirement that Food Stamps recipients who are over paid Food Stamps MUST pay them back. Prior to 1996, Food Stamps recipients who were over paid could pay them back, but unless they agreed, did not have to. You can get forgiveness for NOT paying your Taxes, for being overpaid Social Security, being overpaid wages, etc, but if you are overpaid Food Stamps or Welfare, even if it is the Government's fault, you MUST pay it back. Yes, if you have money but the payment to the Government will cause you a severe Hardship, the payment can be forgiven EXCEPT for people on Welfare or Food Stamps.

My point is all three of these problems can be addressed as part of the Budget by just removing them from the Budget. These are NOT statute passed by Congress in the normal course of passing laws, but as part of the Budget and ALL Budgets (and anything passed as part of the Budget) expire with the end of the Budget year.