{"id":21547,"date":"2025-02-12T20:45:46","date_gmt":"2025-02-12T20:45:46","guid":{"rendered":"https:\/\/usdailys.com\/?p=21547"},"modified":"2025-02-12T20:45:46","modified_gmt":"2025-02-12T20:45:46","slug":"obscure-law-thats-one-of-the-reasons-trumps-executive-orders-keep-losing-in-court","status":"publish","type":"post","link":"https:\/\/usdailys.com\/?p=21547","title":{"rendered":"Obscure law that\u2019s one of the reasons Trump’s executive orders keep losing in court"},"content":{"rendered":"

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Multiple of Donald Trump’s executive orders have been challenged and temporarily halted as a result of them potentially not complying with an Act established in 1946.<\/strong><\/p>\n

After being\u00a0sworn in<\/a>\u00a0as the 47th President of the United States,\u00a0Donald Trump<\/a>\u00a0wasted no time signing off on\u00a0multiple executive orders<\/a>\u00a0– over 50 in around two weeks.<\/p>\n

However, that’s not to say all have gone on to be easily achieved, with one in particular persistently blocked all thanks to the Administrative Procedure Act.<\/p>\n

What happens before the Administrative Procedure Act?<\/strong><\/h2>\n

Well, before a president even enters\u00a0office<\/a>, they typically have an agenda that they’ve been pushing to help them achieve the votes – an agenda which they may ultimately continue to rally behind once they’ve been sworn in.<\/p>\n

Now, some laws go through Congress to become policies, however, some presidents will choose to sign off on executive actions which don’t have to go through Congress in a bid to turn them into law.<\/p>\n

Executive actions involve setting a policy and then designating the policy to certain specific federal agencies – also known as executive agencies – to enact it.<\/p>\n

However, everything executive agencies do must follow the Administrative Procedure Act, which ultimately means if an executive order doesn’t comply with the Act, it can’t simply pass through and become a law – unlucky Trump.<\/p>\n

But what it the Administrative Procedure Act exactly?<\/p>\n

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\"Unlucky\"Unlucky<\/div>\n<\/div>\n

Unlucky Trump ( Andrew Harnik\/Getty Images)<\/cite><\/div>\n

What is the Administrative Procedure Act?<\/strong><\/h2>\n

The Administrative Procedure Act is a federal statute signed off in 1946 which requires all administrative agencies – i.e. organizations that are part of the\u00a0US<\/a>\u00a0federal government – ‘to satisfy procedural requirements (referred to as notice-and-comment rule-making) in developing and issuing regulations,’ Thomson Reuters\u00a0explains<\/a>.<\/p>\n

Under the act, an administrative agency must ‘publish a general notice of proposed rule-making in the Federal Register’ and ‘allow interested parties to be involved in the rule-making process by submitting written data, views, or arguments’.<\/p>\n

It must include a ‘general statement of the regulations basis and purpose,’ which help ‘provide the public [with] a chance to participate in the rule-making process’ alongside helping ‘an agency educate itself before promulgating regulations and procedures that have a substantial effect on the regulated community’.<\/p>\n

If there’s a question of whether the act has been followed within an executive order, the order can be challenged and taken to court and temporarily halted in the process.<\/p>\n

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\"Trump\"Trump<\/div>\n<\/div>\n

Trump can keep signing away, but that doesn’t mean all his executive orders will end up as law (Andrew Harnik\/Getty Images)<\/cite><\/div>\n

How does this affect Trump\u2019s executive orders?<\/strong><\/h2>\n

Basically, it means Trump doesn’t simply have free reign to just sign off on any executive order he wants and it gets enacted as a law.<\/p>\n

If any of Trump’s orders are found to go against the Act or someone challenging an order can convince a judge its ‘arbitrary and capricious’, then the order can be prevented from being put into action.<\/p>\n

Multiple of Trump’s orders have been temporarily blocked by various courts, meaning the action cannot be enforced at least for now until a federal court has determined whether or not it can lawfully go ahead.<\/p>\n

And even if a court did decide against one of the executive orders, this decision can also be appealed and taken to the Supreme Court, which has the ultimate say.<\/p>\n

So, which of Trump’s orders are potentially hanging in the balance?<\/p>\n

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\"Multiple\"Multiple<\/div>\n<\/div>\n

Multiple of Trump’s executive orders have been halted so far (BRENDAN SMIALOWSKI\/AFP via Getty Images)<\/cite><\/div>\n

Trump\u2019s blocked orders so far<\/strong><\/h2>\n

Elon Musk’s Department of Government Efficiency (DOGE) is not yet allowed access to sensitive federal government payments, as a legal challenge was filed by union members and others, and\u00a0a federal judge later agreed\u00a0<\/a>to place a temporary block on it.<\/p>\n

Another suit was filed by other union members, but a judge denied issuing a temporary restraining order and nineteen states filed a similar suit arguing it’s unconstitutional for Musk to access personal data too.<\/p>\n

And that’s not all:<\/p>\n