Bloomberg Law Trump Day 1 Orders & Challenge to Anti-Porn Law
Jan 16, 2025
David Super, a Georgetown Law professor and constitutional law expert, shares insightful commentary on the executive actions proposed by President-elect Trump, highlighting their urgency and potential legal hurdles. Eugene Volokh, a First Amendment specialist from UCLA Law School, dives into the controversial Texas age-verification law, discussing the Supreme Court's viewpoint and the broader implications for online speech. Together, they explore the delicate balance between protecting minors and safeguarding adult rights.
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Limits of Executive Orders
- Executive orders direct agencies on how to use delegated powers, but the president cannot override laws or constitutional rights.
- Agencies must follow legal processes like the Administrative Procedure Act, limiting immediate or expansive actions.
Legal Boundaries of Travel Bans
- Many proposed executive actions on immigration may be illegal despite their publicity value.
- The Supreme Court’s past support for travel bans does not guarantee approval of new ones.
Birthright Citizenship is Constitutionally Protected
- Ending birthright citizenship by executive order lacks any legal authority; it is protected by the 14th Amendment.
- Changing birthright citizenship would require a constitutional amendment, not executive action.