With the change of presidential regime comes a flurry of new Executive Orders (“EO”), Executive Memorandum (“Memos”) and Proclamations. Since taking office, President Trump has signed over 140 EO’s, Memos, and Proclamations, covering topics from immigration to artificial intelligence to gender identity, which Legal Research Center is tracking in a Presidential Executive Actions & Litigation Reporter. EOs have more power and authority than Memos and Proclamations, as defined below:
An Executive Order (“EO”) is directed to the government, such as government officials and agencies. They also dictate the actions of those officials and agencies. A President has certain powers and authority derived from the Constitution or a specific statute. If an EO is founded in that authority, it has the force of law. The EO must be published in the Federal Register and Code of the Federal Regulations (Title 3).
An Executive Memorandum (“Memorandum”) is similar to an EO. However, they do not have to be published in the Federal Register, nor do they have to cite the President’s legal authority. A “Budgetary Impact Statement” is not required for a Memorandum, either.
A Proclamation is focused on the activities of private individuals. Although Proclamations used to hold more weight, they are relatively ceremonial now. Proclamations do not hold the force of law in most cases. However, if the Constitution or statute gives the President authority for this type of law, then Proclamations will have the force of law.
LRC is tracking the Orders, Memos and Proclamations signed by President Trump and has categorized each one into the appropriate topical category. These publications have already prompted litigation that may have an effect on lawyers across our country, which LRC is also tracking to help provide clarity in this new legal landscape.
In response to these Executive Actions, litigation has surged with more than 120 lawsuits having been filed across the country. LRC is monitoring these presidential actions and the subsequent litigation that follows to help ensure lawyers know the changes are likely to have an impact on their practice.
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