We knew it would come down to the self-proclaimed pro-life Democrats in the House. And just hours before the final vote, Rep. Bart Stupak (D-Mich) stepped forward to say he had reached a deal with President Obama.
The President promised to sign an Executive Order to ensure that federal health care dollars don't go to fund abortion. Here's the problem. An Executive Order is not law. And, what the House approved is legislation that is pro-abortion. Pure and simple.
This health care package fails the American people and does not provide permanent protections for the life of the unborn. It's extremely disappointing that the House approved a bill that depends on a promise from President Obama.
Rep. Stupak and the others who said they would vote NO because of the abortion funding issue ultimately put their trust in an Executive Order - subject to being rescinded by the president - a move that is not only short-sighted but does not provide the guarantees and pro-life protections secured by statutory language in a law approved by Congress.
The fact remains the actual health care bill that's been approved does fund abortion.
With this deal, you have to ask the question: Which President Obama do you believe - a President who repeatedly and publicly opposed the pro-life language in the earlier House-passed bill - or, a President who now promises an Executive Order to secure the votes he needed to pass a very dangerous health care package?
The Executive Order is problematic on a number of fronts. It is not a legislative fix and does not carry the force of Congressionally-approved legislation. It does not supersede law. It can be rescinded.
And, what should concern everyone: this Executive Order places HHS Secretary Sebelius at the helm of the funding process - a cabinet member who has a long and documented history of supporting abortion.
The fact is the American people won't be fooled. They understand what happened - another Washington power play that ignores what most Americans want.
This flawed health care package may have passed - but it is far from being implemented.
We're preparing legal action to challenge this measure and we intend to file a lawsuit in federal court soon challenging a law that is not only wrong for America - but a law with a forced mandate that penalizes Americans who choose not to participate. That is unconstitutional and we believe ultimately will be overturned by the courts.
We're grateful to the nearly 500,000 supporters who joined with us in recent months opposing this pro-abortion, government-run health care package.
We have more information on the vote posted in our Legislative Alert here.
And, the fight is not over. Stay tuned for additional details on how you can stand with us as this battle continues.
We'll have additional details on Jay Sekulow Live!