First, he's never gonna be inaugurated, so there's that. But, for an alternate reality where Big T doesn't get a second term, read on.
There are at least 15 threads going right now puzzling at this very question, so let's look a bit deeper.
Lets take a trip back in time, to June 15, 2012. Obama signed an EO establishing DACA, which most sane people (and Obama himself) now admit was not just unlawful, but unconstitutional. Fast-forward to 2017, when GEOTUS ended it with the stroke of a pen, as he should have been able to. An EO is unreviewable, but also rescindable as an exclusive right of the executive.
Not so fast, there, POTUS. You can't do that.
Took them 3 years, but last June, SCOTUS decided in DHS v. Regents of the University of California, that rescinding DACA was also unlawful. In penning the majority opinion, our favorite Pedo and Child Trafficker in a robe, "Justice" Roberts, wrote that just removing an EO is arbitrary and capricious.
Come again? 🐂💩.
The reasoning behind it was because it would negatively affect thousands, and the Trump Admin failed to provide alternatives that wouldn't "disturb settled expectations".
So... in an epic dose of well-deserved karma, the cockeyed precedents set by the USSC shall return to bite them in the ass, once again.
Not a legal pede, but the folks over at Reason do a much better job explaining than I do: https://reason.com/volokh/2020/06/18/supreme-court-holds-trump-administration-rescission-of-daca-was-arbitrary-and-capricious/
I Don't expect SCOTUS to uphold anything other than double standards
Their paychecks.
I have been trying to counter this doomer narrative since last night, alas it still persists.
SCOTUS effectively made EO's untouchable, which is scary, but awesome when its a Trump EO used to kick Biden in the balls.
Until Biden reverses them, people fight it up to SCOTUS and they rule in Biden’s favor. There is no rule of law in this country. There are rules for the Establishment Elites and different rules for everyone else.
And only if you're the approved Elites, which is what establishment means in this case.
Sure, the same people that used the IRS as a weapon, spied on an opposing political campaign, tried to frame the POTUS for treason, impeached him for looking into their corruption, sold out America to the chinks to pad their own wallets, you think they are going to just follow 'precedent' set by the SC? Thats like next level dab hits of hopium, OP. You're on that concentrated shit.
Not hopium. Shitbags gonna shitbag. This is their nature. Too scared to do anything.
He should create an EO that the President cannot use any of the toilets in the White House.
We know that senile old Joe will have serious issues with his aging bladder, so this would be a master move.
In the alternative universe laws don’t matter so you make a good argument but sorry, no standing, case dismissed.
There is a big difference in trying to find standing or blaze new trails versus upholding existing caselaw and precedent.
There are quite a few cases SCOTUS chickened out on and returned to lower courts because they conformed to established precedent. The concept above requires the SCOTUS to do nothing or hide under their beds (as is their nature), as opposed to showing an ounce of courage.
Honestly I pray we never have to find out what they would do in a Biden presidency.
Well Biden is going to pack the Court so actual debate won’t even matter anymore.
I'm a legalpede. They will pull some distinction out of their rear-section and say this is totally different. xD
And not only will destroying themselves EO's be bad optics- Biden would basically be confirming he's China's bitch- if Roberts breaks his own precedent he risks breaking the masquerade.
Jesus, dude, that analysis relies on the court saving us... how has that worked out so far? Don't be surprised when suddenly trump's eos don't have the same "power"
Rulings by SCOTUS don't apply to the left.
Where have you been for 4 years?
These EO's by Trump will be reversed by Biden on day one .. and then promptly ignored and unenforced .. exactly as Trump should have done with 0bama's EO's.
Roberts will not be consistent.
Not sure he can. I think they had a precedent set with DACA EO in SCOTUS that EOs aren't so easily overturned. I could be wrong. Who knows. Laws and rules seem to be as fluid as gender to these people.
It doesn't matter. The SCOTUS or whoever will make up rules along the ways as they see fit.
Good points. Thanks
They can change precedent just as fast as they set it.
Rules and laws and precedents are just excuses to protect themselves.
That's some very nice fanfiction. But back in the real world, every single one of Trump's EOs will be reversed/voided on Day 1 of Biden's presidency. Because Orange Man Bad. Sorry.
Are you daft? Pervert Biden will never be President! What part of that don’t you understand?