September 21, 2017

ABA Legal Fact Check examines the limits on presidential executive orders

CHICAGO, Sept. 21, 2017 — The American Bar Association updated its new web-based ABA Legal Fact Check today by exploring the limits on presidential executive orders.

On Oct. 10, the U.S. Supreme Court will consider the constitutionality of President Donald Trump’s revised Executive Order No. 13780, known as the travel ban. ABA Legal Fact Check looks at the history of these orders, and how they largely went unchecked by the courts until 1952 after President Harry Truman signed Executive Order 10340, which placed all U.S. steel mills under federal control during the Korean War. Later that year, the U.S. Supreme Court ruled 6-3 in Youngstown Sheet & Tube Co. v. Sawyer that President Truman had overstepped his authority because he attempted to make law rather than clarify an existing piece of legislation. In that decision, Justice Robert Jackson, in a concurring opinion, put forth a three-part test to judge the possible overreach of presidential power that is still relied upon by courts today.

ABA Legal Fact Check, debuted last month and is the first fact check website focusing exclusively on legal matters. The project is one of several initiatives launched by Hilarie Bass, who became ABA president on Aug. 15 at the close of the ABA Annual Meeting in New York.

ABA Legal Fact Check seeks to help the public find dependable answers and explanations to swirling and sometimes confusing legal questions. The URL for the new site is www.abalegalfactcheck.com. Follow us on twitter @ABAFactCheck.

Click here for a biography of President Bass.

With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews