Time for another episode of "no, just because you call it an executive order doesn't make it law."

[Nevilledog]

Link to tweet

Tweet text: Nicholas Bagley
@nicholas_bagley
I see it's time for yet another episode of “no, just because you call it an executive order doesn’t make it law.”

I can't believe I have to do this again.

Unrolled thread here
https://threadreaderapp.com/thread/1309225222562656256.html

I see it's time for yet another episode of “no, just because you call it an executive order doesn’t make it law.”

I can't believe I have to do this again.

Traditionally, executive orders are instructions to agency officials about how to exercise their congressionally delegated powers. Maybe they should issue a new rule or set new enforcement priorities.

Those executive orders -- and that's most of them -- don’t have legal effect. They’re just internal memos with a fancy header. That’s all they are.

Now, in rare cases, the president has himself been delegated authority to do discrete things, usually with respect to emergencies or foreign affairs. And he might use an executive order to exercise that authority.

Incidentally, that’s why state COVID restrictions are generally being issued by executive order. State legislatures have delegated emergency powers to the governor, and he or she is exercising those powers.

But that’s now what we have here. Congress hasn't delegated to President Trump the power to prohibit discrimination against the sick. Not even close!

Do I *really* have to explain this yet again? Apparently, yes. Time is a flat circle.
The only protections that exist come from the Affordable Care Act—the very law that the Trump administration has asked the Supreme Court to strike down.

Opinion | America’s Health Care Is Under Existential Threat
A Supreme Court case could eliminate the Affordable Care Act, and the president should be judged for recklessly supporting it.
https://www.nytimes.com/2020/09/23/opinion/trump-supreme-court-obamacare.html

So his executive order has no more legal weight than this tweet.
If you can't believe I'm still here doing this right now, trust me when I tell you I can't believe it either. It is all so very dumb.

Trump has issued it so he's got a talking point ("I issued an executive order protecting people with preexisting conditions&quot . And he'll pick up some headlines from some credulous press outlets.

What this isn't is a news story.

Or if it *is* a news story, it's one about how the White House is using fancy letterhead to confuse the American public about health care before the presidential election.

That ends today's episode, thanks for watching, I'm sure we'll be back next week.
• • •

[ihas2stinkyfeet]

1. what was the eo?

so hard to keep up w the fuckery.

[underpants]

4. One declared that people had the right to pre-existing conditions being covered

The second said that Congress should do something about surprise medical bills.

Basically it was nothing that Trump is sell as the long awaiting healthcare plan.

[ihas2stinkyfeet]

5. which, of course, is actually nothing.

ugh. if anybody needs me, i'll be in the garden.
this shit gets too me if i hang around here too long.

[Mersky]

6. When exactly did the current governor of California become president of the United States?

Let’s throw the issue of equating state and federal executive structures out the window of a fast moving, but really freakin’ quiet electric vehicle.

I fail to see how a fifteen year GOAL horizon is comparable to tRump waving an executive order around like a magic wand instead of being an adult that works with Congress to actually make it possible for all human beings in this country to attain affordable healthcare of real value.

As a total aside, I hope Newsom does save the planet. Then again, I am biased as I am generally for not trashing the planet if it can be avoided.

[Mersky]

8. Oh, I see.

I would rather not debate the effectiveness of how California leads the country in setting emissions standards under the executive order regime that exists there, because I have to deal with a tRump level idiot in Texas.

Newsom will work with the legislature, and tRump is just doing this to cover his ample ass before the election. There’s a huge difference both in principles and effectiveness between the two. But go on complaining about Newsom if you really think that’s a good tack.

[keithbvadu2]

3. Republicans were against Obama 'legislating' by EO.

Republicans were against Obama 'legislating' by EO.

They've gotten over that.