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giantg202/19/20252 repliesview on HN

"That’s an unprecedented situation."

It's simply untrue is what it is. EOs are subject to judicial review and are only valid if there's a congressional or constitutional basis. You can't grant yourself extra powers outside of the existing framework, which the EO doesn't even claim to do. Again, other EOs don't have the framework enumerated in them and have been found to be invalid. There's plenty of case law one can look at.


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nradov02/20/2025

You seem to be confused about the basics of constitutional law and the separation of powers. EOs are not at all subject to judicial review. Those are simply communications within the executive branch, like a memo. There is literally nothing to review and no case law supports your claim. But the judiciary does have the authority to issue orders regarding actions taken by federal employees and agencies if they do something contrary to federal law — regardless of whether those actions were motivated by an EO or anything else.

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threeseed02/19/2025

> EOs are subject to judicial review and are only valid if there's a congressional or constitutional basis

This is just nonsense.

Trump, for example, recently signed an EO to end the use of paper straws.

Where is your justification that there is a valid congressional or constitutional basis for this ? Of course there isn’t. Executive Orders allow the President to interpret existing laws as they see fit. Even in ways they were never intended to be interpreted.

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