As I suspected when I wrote about this yesterday, the Supreme Court yesterday canceled hearing the travel ban cases until briefs are submitted by the parties involved. Here is the link to the short, one paragraph order.
Yesterday two routine memoranda were posted on the White House website.
The first is aimed at increasing funding and support for science, technology, engineering and mathematics education, especially computer science. It directs the Secretary of Education to spend at least $200 million dollars on grants to improve computer science access, subject to adequate congressional funding. A report is due in 90 days on the initiatives taken.
The second is a very brief memo to the Secretary of State delegating presidential authority to the Secretary with regard to the Consolidated Appropriations Act, 2017 (Public Law 115-31).
Official Titles and Links:
- Presidential Memorandum for the Secretary of Education
- Presidential Memorandum for the Secretary of State
Memoranda dated September 25, 2017
Ninety days have passed since the “travel ban, version 2.0” was implemented. That means, because it was initiated as temporary, it has now expired. Not surprisingly, the media are all over this, so I feel less like I’m a lonely voice monitoring unilateral executive actions.
At this point, I have only a few comments. First, I find it interesting that this time the official action is a proclamation not and executive order. I believe, historically and in general, proclamations are not viewed to be as legally binding as an executive order is, but that may about to be tested.
Second, this makes one wonder if the case waiting for argument before the Supreme Court next month will actually be argued. It seems to me the Court could simply now reject hearing the case declaring it moot. But, it may still hear the case in order to settle the general argument rather than the specifics, and, if so, that would be a very interesting event.
Third, the addition of North Korea and Venezuela in particular to the list of countries banned in this proclamation would appear to remove one of the original challenges to its constitutionality, because those two countries are not likely to be seen as “Muslim” nations.
Finally, this lengthy proclamation begins with paragraphs of overblown, self-serving rhetoric, and continues with long explanations of reports from cabinet officers. In fact, most of it appears more a public report than a proclamation.
Ed. Note: In case anyone is interested in the minutia, at the bottom of this post, I’ve listed links to the original executive orders and my comments about them.
Proclamation dated September 24, 2017
Links to original executive orders:
- January 27 – EXECUTIVE ORDER: PROTECTING THE NATION FROM FOREIGN TERRORIST ENTRY INTO THE UNITED STATES
- March 6 – Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States
Links to my previous comments:
- On the original executive order of January 27, 2017
- On the revised order of March 6, 2017
- On the memorandum detailing “extreme vetting” of March 6, 2017
Today is Gold Star Mother’s or Family’s Day as proclaimed yesterday.
Official Title and Link:
Proclamation dated September 23, 2017
This lengthy executive order expands upon an order issued in 2008 by then president George W. Bush.
Official Title and Link: Presidential Executive Order on Imposing Additional Sanctions with Respect to North Korea
Executive Order dated September 20, 2017
Apparently there will be no end to the “national emergency” of the acts of 9-11-2001. Yesterday two more memoranda to that effect were signed.
Official Titles and Links:
- A Text of a Letter from the President to the Speaker of the House of Representatives and the President of the Senate
- Notice Regarding the Continuation of the National Emergency with Respect to Persons Who Commit, Threaten to Commit, or Support Terrorism
Memoranda dated September 18, 2017
Yesterday a memorandum was sent to the Secretary of Defense delegating the quadrennial executive responsibility to review military compensation. Probably just routine.
Official Title and Link: Presidential Memorandum for the Secretary of Defense
Memorandum dated September 15, 2017