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Senate Republicans block bill that establishes right to IVF across the US
(www.theguardian.com)
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this post was submitted on 14 Jun 2024
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Presidents don't make laws, congress does. There would have to be something in the constitution or in a law already passed that gives the executive branch the power to do that. An executive order is just an enforcement, a more specific guidance of application of already existing laws or powers. If the law the article is talking about is passed, he could issue executive orders to delineate more specific actions to help make sure it is enforced.
If Biden just sat down in a chair one day and wrote "I declare state laws and state constitutions restricting ivf are void!" like some kind of dictator it would do literally nothing.
Go on to the federal register and look at some executive orders. You'll find most of them pertain to things the president directly controls, like the operations of executive department agencies. When it's not something the president clearly controls in the constitution, it will cite the authority of which specific laws it's basing this on.
https://www.federalregister.gov/documents/2021/12/03/2021-26459/the-national-space-council
So for an example, here's what law passed by congress this executive order is fulfilling, here are my more specific instructions about how we as the executive branch are going to fulfill that law. Clearly the authority to establish a national space council does not come from the constitution, so it's a law passed by congress that makes this order possible.
If congress passes a law protecting ivf and gives some power to the executive branch to enforce those protections, then maybe there would be situations where an executive order would be helpful.
And Biden clearly supports this law, has repeatedly urged congress to pass it, and headlined the issue in his state of the union address.
https://time.com/6898688/biden-ivf-abortion-state-of-the-union/