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Has the Supreme Court set the precedent for undoing Executive Orders?
Posted on 1/17/21 at 1:54 pm
Posted on 1/17/21 at 1:54 pm
Will Biden be able to simply undo Trump's EO's, or will they have to be undone legislatively? 
11
Posted on 1/17/21 at 1:57 pm to Tchefuncte Tiger
Who is Will Biden?
Posted on 1/17/21 at 2:01 pm to Tchefuncte Tiger
A president at any time can revoke, modify, or make exceptions to an EO whether his or a predecessor.
Posted on 1/17/21 at 2:01 pm to Tchefuncte Tiger
Since they are Trump's EO, anything the next administration wants to do they can do.
Posted on 1/17/21 at 2:03 pm to WPBTiger
Didn't SC stop Trump from undoing Barry's Exec orders. Setting precedent.
Posted on 1/17/21 at 2:04 pm to Tchefuncte Tiger
2 sets of rules: Dems and everyone else. The latter don't matter once the former are in power.
Corrupt Joe and VP Whore can do whatever they want.
Corrupt Joe and VP Whore can do whatever they want.
Posted on 1/17/21 at 2:06 pm to Tchefuncte Tiger
Answer: SCOTUS can do what it wants on a case by case basis.
Posted on 1/17/21 at 2:06 pm to Tchefuncte Tiger
Biden is not the President.
Posted on 1/17/21 at 2:06 pm to Obtuse1
quote:
A president at any time can revoke, modify, or make exceptions to an EO whether his or a predecessor.
Not so fast friend. The SC did not allow Trump to rescind Obama's EO on DACA.
Posted on 1/17/21 at 2:13 pm to Tchefuncte Tiger
The problem with most of the Trump EO which were struck down in the courts is that the decisions were made due to procedural issues. A Biden administration is not as likely to have these problems.
Posted on 1/17/21 at 2:14 pm to Obtuse1
quote:great! Someone should go tell Trump that!
A president at any time can revoke, modify, or make exceptions to an EO whether his or a predecessor.
As for the answer to OPs question of course Biden will undue all of them on day one. And not a single court will stop him. So much for all those conservatives Trump appointed
This post was edited on 1/17/21 at 2:15 pm
Posted on 1/17/21 at 2:16 pm to seawolf06
quote:what a load of bs. More like some radical leftist judge had the objection drafted up before the ink was even dry and would have struck it down no matter what it said
The problem with most of the Trump EO which were struck down in the courts is that the decisions were made due to procedural issues
Posted on 1/17/21 at 2:21 pm to ScottFowler
EO’s can be undone with the pen as simply as they were signed by the previous administration.
This is why Barry Hussein’s legacy was so easily undone.
However, an activist SCOTUS can over rule as Trump found out when he reversed Obama on his unconstitutional EO for Amnesty.
LINK /
This is why Barry Hussein’s legacy was so easily undone.
However, an activist SCOTUS can over rule as Trump found out when he reversed Obama on his unconstitutional EO for Amnesty.
LINK /
Posted on 1/17/21 at 2:23 pm to Tchefuncte Tiger
Yes, the SC will now have to not allow President to override another president's EOs.
As strange as it may be, these are the new rules.
As strange as it may be, these are the new rules.
This post was edited on 1/17/21 at 2:25 pm
Posted on 1/17/21 at 2:24 pm to ScottFowler
quote:
Didn't SC stop Trump from undoing Barry's Exec orders. Setting precedent.
Yes, and no.
A minority of legal scholars felt that DHS v UC produced a situation where EOs could not be overturned but this isn't remotely the case. If you read the opinion(s) in the case it makes clear there has always been judicial oversight for EOs and in the case at bar there were Constitutional issues with the executive branch's plan to overturn DACA. No new precedent was set only a reaffirmation of Constitutional judicial review.
Posted on 1/17/21 at 3:25 pm to Obtuse1
quote:
A president at any time can revoke, modify, or make exceptions to an EO whether his or a predecessor.
The Supreme Court said otherwise.
Posted on 1/17/21 at 3:51 pm to Obtuse1
quote:
A president at any time can revoke, modify, or make exceptions to an EO whether his or a predecessor.
Not according to the courts.
Are are we just going to pretend that was blocked insofar to modifications to some of Obama’s EOs?
This is just one of several examples
LINK
The legal basis here was literally and solely “this was his legacy”
This post was edited on 1/17/21 at 3:54 pm
Posted on 1/17/21 at 4:39 pm to Tchefuncte Tiger
quote:
The Supreme Court said otherwise.
No they did not. Executive orders are designed to operate within the legal scope of the power of the executive branch and its subsidiary agencies. There are instances where Executive Orders overstep those bounds and only THEN can the USSC step in.
Biden can throw out a bunch of documents tomorrow erasing every executive order that Trump has ever made and unless there are any laws that have been enacted since to affect those, they are all kosher with the courts with a stroke of a pen.
If you want things to stick, you need to pass laws. Both parties need to learn this lesson.
Posted on 1/17/21 at 5:12 pm to Tchefuncte Tiger
Lololololololololol
Watch the whole story change.
Watch the whole story change.
This post was edited on 1/17/21 at 5:13 pm
Posted on 1/17/21 at 5:15 pm to Tchefuncte Tiger
This will be a fascinating legal battle because John Robert’s made it nearly impossible to reverse any Obama EO. He called it arbitrary and capricious.
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