Hey!! Herm!!! The Holes in Your Feet? They're From Your OWN GUN!

Vox sums it up.

Cain's remark is defensible, of course; the President will not have a say on the issue (aside from some budgetary discretion.)  Really, it's a SCOTUS, then 10th Amendment matter.

But he didn't articulate very well, which is becoming a trademark of his.