Some of that action is clearly illegal under black letter law
This is one of those concrete claims which you will be unable to provide evidence of. The chief executive restructuring government departments is not ‘clearly illegal under black letter law.’
Because of the “flood the zone” strategy, I can’t even remember all the illegal stuff Trump is doing, and I’m definitely not going to go dig up specific statutory citations for all of it. I tried Gemini deep research, and it refused to answer the question. I don’t have access to OpenAI’s deep research.
Things that immediately jump to mind as black letter law are trying to fire inspectors general without the required notice to Congress, and various impoundments. I would have to do actual research to find the specific illegalities in all the “anti-DEI” stuff. I would also have to go do research before I could tell you what made it illegal to fire the chair of the FEC.[1]
For DOGE specifically, here’s a list that happened to cross my eyes this morning. It’s in an interview format, so it’s probably incomplete.
The bottom line is that the “unitary executive” idea is dead in law. If there’s a statute that says “the President shall establish a Department of Cat Videos, which shall promote cat videos [however], whose director shall be a calico cat which may not be dismissed once appointed, and here’s $10,000,000 to do it”, then the president is obligated to have a Department of Cat Videos, and find a cat to run it, and keep the cat on, and spend the money as directed. This is not a close call. Statutes have been passed, they’ve been litigated against, they’ve stood, other statutes have been passed relying on those precedents, there’s been litigation about those, and a whole edifice of well-established law has been built up. That’s what “black letter law” is.
It’s true that the current Supreme Court seems to have essentially no respect for precedent, and an, um, extremely idiosyncratic way of interpreting the actual text of the Constitution. It’s entirely possible that this whole blitz is meant, at least in part, to generate test cases to tear down that structure. But that’s more about the Court abandoning its job than about the established law.
This is one of those concrete claims which you will be unable to provide evidence of. The chief executive restructuring government departments is not ‘clearly illegal under black letter law.’
Because of the “flood the zone” strategy, I can’t even remember all the illegal stuff Trump is doing, and I’m definitely not going to go dig up specific statutory citations for all of it. I tried Gemini deep research, and it refused to answer the question. I don’t have access to OpenAI’s deep research.
Things that immediately jump to mind as black letter law are trying to fire inspectors general without the required notice to Congress, and various impoundments. I would have to do actual research to find the specific illegalities in all the “anti-DEI” stuff. I would also have to go do research before I could tell you what made it illegal to fire the chair of the FEC.[1]
For DOGE specifically, here’s a list that happened to cross my eyes this morning. It’s in an interview format, so it’s probably incomplete.
https://www.vox.com/politics/398618/elon-musk-doge-illegal-lawbreaking-analysis
The bottom line is that the “unitary executive” idea is dead in law. If there’s a statute that says “the President shall establish a Department of Cat Videos, which shall promote cat videos [however], whose director shall be a calico cat which may not be dismissed once appointed, and here’s $10,000,000 to do it”, then the president is obligated to have a Department of Cat Videos, and find a cat to run it, and keep the cat on, and spend the money as directed. This is not a close call. Statutes have been passed, they’ve been litigated against, they’ve stood, other statutes have been passed relying on those precedents, there’s been litigation about those, and a whole edifice of well-established law has been built up. That’s what “black letter law” is.
It’s true that the current Supreme Court seems to have essentially no respect for precedent, and an, um, extremely idiosyncratic way of interpreting the actual text of the Constitution. It’s entirely possible that this whole blitz is meant, at least in part, to generate test cases to tear down that structure. But that’s more about the Court abandoning its job than about the established law.
… and I suppose I can’t claim trying to change the Fourtheenth Amendment by executive order as an administrative law violation.