Preview: Deciphering The Lawlessness of Trump’s Executive Orders
Jan 21, 2025
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The podcast dives into the controversial executive orders from Trump's second inauguration, highlighting their chaotic implications. It critiques the legality and poor drafting of these orders, suggesting a connection to generative AI. Key topics include citizenship changes, potential pardons for January 6 rioters, and the administration's cautious approach to sensitive issues like abortion rights. The discussion also explores the threat to birthright citizenship under the 14th Amendment and its broader legal and societal consequences.
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Quick takeaways
Trump's hasty executive orders, particularly the controversial repeal of birthright citizenship, raise significant constitutional and ethical concerns amidst legal scrutiny.
The absence of immediate action on reproductive rights suggests a cautious approach, indicating the sensitivity of public opinion on this divisive issue.
Deep dives
Unlawful Executive Orders
Donald Trump's first day in office saw the issuance of several executive orders that were largely seen as cruel and unlawful, reminiscent of policies from his previous administration. These orders included the controversial repeal of birthright citizenship and mass pardons for individuals involved in the January 6 riots, which raised significant ethical concerns. The executive orders appeared hastily drafted and poorly executed, leading to speculation that they lacked legal grounding and could face challenges in court. The immediate push for these measures signals Trump's aggressive stance, leaving critics alarmed about potential far-reaching implications for constitutional rights.
Concerns Over Birthright Citizenship
A prominent executive order proposed by Trump sought to end birthright citizenship as guaranteed by the 14th Amendment, which has been affirmed through long-standing legal precedent. This move threatened to deny citizenship to children born in the U.S. to both undocumented and legal immigrants, creating chaos in the lives of many families. The legality of this order is in question, given that the Supreme Court has historically upheld birthright citizenship since 1898, indicating significant resistance from legal institutions. The potential implementation would necessitate invasive measures to verify parents' immigration statuses at hospitals, raising profound concerns about privacy and civil rights.
Implications for Reproductive Rights
While Trump rolled back several reproductive rights measures implemented by the previous administration, he did not issue immediate executive orders targeting abortion access. The absence of direct timelines for acts against medication abortion suggests a cautious approach, possibly reflecting political sensitivities surrounding a deeply divided public opinion on reproductive rights. However, proposed reinstatements of policies limiting reproductive freedom indicate that future restrictions could be forthcoming. Analysts speculate that Trump's selection of hard-right appointees could lead to more aggressive actions against reproductive rights as his administration progresses.
Some very clear themes are already emerging from President Donald Trump’s executive orders; cruel, chaotic, and fear-stoking - yes, but also - they’re rife with shoddy drafting (is that you, ChatGPT?), sloppy lawyering, and some are wildly unconstitutional. In an extra episode of Amicus for plus members, Dahlia Lithwick and Mark Joseph Stern begin the work of parsing a few of the many, many executive orders raining down on America in the hours since Trump assumed office for the second time.
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