Why the figleaf that Bart Stupak had handed to him by Obama in the form of an executive order is meaningless is succinctly explained by Ed Morrissey at Hot Air:
More to the point, though, this EO will never have any effect. As a host of actual Constitutional authorities have already made clear, any court challenge will wind up with the government forced to obey the law Congress passed and the President signed for the same reasons Obama states in this clip. Congress makes law, not the President, and when an EO conflicts with the law, it’s the law that prevails. Otherwise, the President really does become a “monarch”, as Obama states in this clip, and Congress becomes an advisory board.
Obama knows this. The Republicans know this. Hell, even Bart Stupak knows this, but he just needed an excuse to change his vote, and everyone knows it.
Perhaps the only ones who don’t realize this yet are the Catholics on the Left foolish enough to celebrate this complete capitulation by Stupak as a victory. Much better if they simply admitted the obvious: they don’t give a fig about fighting against abortion.