this post was submitted on 14 Jun 2024
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[–] verdantbanana@lemmy.world -5 points 2 years ago (2 children)

Like both legislative statutes and the regulations promulgated by government agencies, executive orders are subject to judicial review and may be overturned if the orders lack support by statute or the Constitution. Some policy initiatives require approval by the legislative branch, but executive orders have significant influence over the internal affairs of government, deciding how and to what degree legislation will be enforced, dealing with emergencies, waging wars, and in general fine-tuning policy choices in the implementation of broad statutes. As the head of state and head of government of the United States, as well as commander-in-chief of the United States Armed Forces, only the president of the United States can issue an executive order.

emergencies count

[–] nxdefiant@startrek.website 4 points 2 years ago (1 children)

if you're actually interested, even the considerable powers granted in a state of emergency are defined by laws passed by Congress:

https://www.brennancenter.org/our-work/research-reports/guide-emergency-powers-and-their-use

[–] verdantbanana@lemmy.world -4 points 2 years ago* (last edited 2 years ago)

link you posted backs up what said

he more than could executive order this

choosing not to do anything except to make it a fundraising topic for the DNC

not trying to be both sides but the way this is playing out benefits BOTH sides but NOT the people

gives the democrats something else to say they voted on and it gives the republicans something else to be against

[–] zigmus64@lemmy.world 1 points 2 years ago

How is this an emergency? The dealing with emergencies here (personal interpretation) would be for national security emergencies or natural disasters to allocate resources. An individual citizen’s lack of access to a medical procedure, while tragic, fails to rise to that level.

The key bit you quoted has to do with deciding how and to what degree legislation will be enforced. Also remember that this is at the federal level, not the state level. So he can issue an executive order to keep the FBI and other federal law enforcement agencies from enforcing any anti-IVF laws, similar to how they’ve directed the DEA to not pursue marijuana charges in states where recreational use has been legalized. hHe cannot simply write a law into existence, which is what would be needed for what you’re asking.

https://guides.library.umass.edu/govinfo/exec/orders#:~:text=An%20executive%20order%20is%20not,declared%20unconstitutional%20by%20the%20court).

Unfortunately, this is something only Congress can fix, and I’m not holding my breath.