President Biden has relied heavily on executive action during his first 10 days in office, surpassing his predecessors as he works to quickly dismantle Trump policies and deliver on key campaign promises.
Biden is unlikely to keep up with the pace of executive orders, and he’s already been scrutinized from some quarters for relying on the pen after pledging to seek unity and duality. Yet the first wave of signatures reflects a new reality in which presidents increasingly turn to unilateral action in the face of congressional stalemate.
“He’s going to use the levers every president in history has used: executive action,” the White House press secretary Jen Psaki
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However, experts warned that executive actions could be challenged in court, while others could be easily reversed by a successor to another party. A prime example was seen this week when Biden revoked the so-called Mexico City policy, which requires foreign groups receiving family planning support from the US government to agree not to provide or promote abortions.
The policy was first announced by President Reagan in 1984 and has since been rolled back repeatedly by the Democratic presidents and reinstated by the Republican presidents ever since.
“There is no substitute for legislation,” said Paul Light, a professor of public service at New York University. “You cannot build an administration based on executive orders. They are facilitators, they really send a strong message, but you have to force Congress to go with you. “
Biden signed 28 executive orders during his first 10 days in office, a breakneck pace compared to other presidents in a similar period. Former President Trump
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In all, Biden has signed dozens of executive actions, including presidential memoranda and proclamations. But it is the orders that are considered the most powerful, because they carry the force of the law and can be brought in court.
Biden’s team choreographed rollout in which he announced executive orders every day for his first week in the office, focusing on a different policy area each time. The approach allowed Biden to tick off campaign promises and signal to various constituencies that he was honoring their concerns.
Some of them are more symbolic than substantive, and some are pretty low-hanging fruit in terms of repealing Trump actions. Yet the precision of the rollout is sharp compared to the Trump administration, ”said Andy Rudalevige, the chair of the Department of Government and Legal Studies at Bowdoin College in Maine.
Biden’s actions were largely aimed at unraveling Trump’s policies that Democrats see as harmful and harmful. With a stroke of the pen, Biden has rejoined the Paris climate accord, halted work on the Keystone XL pipeline, reversed travel bans from Muslim-majority countries and revoked Mexico City’s policies.
He has also taken executive actions that deliver on key campaign promises. On his first day of work, Biden reinforced the Delayed Actions for the Arrival of Children (DACA) program and took additional steps to require face masks on federal grounds and on planes, trains, and buses that cross state lines.
The breadth of the orders drew expected backlash from conservatives, who accused Biden of betraying his message of unity and exceeding his presidential authority. Republicans, however, were significantly less vocal when Trump issued his own wave of executive orders.
But Biden’s moves have pushed back others as well. The New York Times The editorial pleaded with the president to “soften” Thursday’s executive actions, describing them as a “flawed replacement of legislation” that ultimately leads to instability as they can be destroyed by the next office holder.
White House officials were adamant that Biden’s executive actions are not a substitute for legislation, but are intended both to undo what they characterize as harmful policies under the previous administration, and to address urgent and unprecedented crises.
Matt Bennett, co-founder of the center-left think tank Third Way, called the Times editorial “ stupid, ” saying the circumstances Biden faces are unique because the country is in the midst of four crises: the pandemic, the economic recession, climate change and racial injustice.
“If there are things he can take quick action on to stop the bleeding in any of these four areas, he will, but he is well aware that there is enough he cannot do on his own and he will need Congress, ”Bennett said.
Although he’s made unilateral progress on several fronts, Biden is trying to leverage his experience and relationships in the Senate while negotiating with Congress to pass a bill for coronavirus relief and other legislation down the road. The success of those pursuits could well determine his presidency.
Allies say Biden’s opening salvo set the tone for action and inclusiveness and contrasted with the previous administration, but they recognize he doesn’t want to rely solely on executive power.
“For me, what he does is set the tone: I am the antithesis of the previous four years,” said Moe Vela, director of administration under the Obama administration and senior adviser to Biden when he served as vice president. He will not rule by executive power alone. I think he wanted to set the stage, set the tone and set the message. “
Light, the NYU professor, said it will be politically important for Biden to write a major legislative achievement this year, especially as he seeks a second term in office. If he continues to sign executive actions at the same pace next year, Light said, “that’s a sign of impending catastrophe.”
“He doesn’t want to come out with nothing this year as a major legislative achievement,” said Light.