President Donald J. Trump has announced he is canceling all Biden Executive Orders signed by autopen, which he estimates at over 92% of Biden orders.
Suck on THAT Democrats!
This is perfectly legal in that no former President can force his successor to keep an Executive Order. Only Congress ca do that (by passing a law). The courts often stick their noses in too even though they really have no right. But a President can't commit his successor and make it stick.
My question is, why not rescind all of them? If there are any at all worth having (and I seriously doubt it) why not rescind them and rewrite them himself? Nothing Joe Biden's administration put out is worth keeping. None of it.
Anyway, expect a series of legal challenges to this, and a bunch of Biden or Obama judges saying Trump can't do that.
When Andrew Johnson was impeached the principle charge against him was he violated the Tenure of Office Act. All the other charges against Johnson (and there were 20 in all) were bogus and couldn't be made to stick (like public drunkenness; his doctor gave him a cough medicine with alcohol in it when he - a teetotaler - was ill.) But the Tenure of Office Act was put in place by the Republicans to hamstring the Democrat Johnson's Presidency. It basically said he could not fire any of Lincoln's cabinet. Eventually the law was struck down by SCOTUS but not before Johnson nearly was removed from office, being just one vote shy (and the Senator who so voted had to go into hiding as he was receiving death threats).
My point? The act was illegal because it was a violation of separation of powers. Congress cannot decide who serves the President of the United States.
And any tampering with Trump's executive order privilege would be doing likewise. If the courts block Trump on this they will be in gross violation of the separation of powers, usurping the Executive Branch's authority.
Executive orders are only supposed to be incumbent upon the Executive Branch of government but have since become de-facto laws because the government is so huge and everyone gets a piece of the taxpayer pie. But it's not supposed to be. It's supposed to just be the President telling the bureaucracy how to do things - as he sees fit.
At any rate heads are already exploding and we shall see a scenario play out similar to the ending of Mars Attacks. It should be fun to watch.