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/
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.