Unanswered questions on Trump’s executive orders

The $400 benefit might not begin any time soon

The measures aimed at helping struggling Americans raise some constitutional issues.

President Donald Trump signed four executive orders Saturday intended to help Americans struggling financially as a result of the coronavirus pandemic, but Democrats, and some Republicans, have questioned the constitutionality of Trump’s actions and whether they will deliver timely relief to those in need.

The measures – which Trump argued were necessary after Congress failed to strike a deal on a new stimulus package – were intended to provide an additional $400 in weekly unemployment benefits to replace the expired $600 a week Congress had approved, suspend some student loan payments, protect some renters from eviction, and defer payroll taxes.

Critics say some of the actions may take too much time to implement, could be vulnerable to legal challenges and may not yield the results promised.

Are they legal?

Treasury Secretary Steve Mnuchin said all four of the president’s executive orders were vetted by the Office of Legal Counsel and he suggested that challenging them in court could be legally poisonous for Democrat because it would delay much-needed benefits.

Pelosi told CNN the orders were “absurdly unconstitutional” but demurred when asked if she planned to try and stop them in court.

Jonathan Turley – a law professor at George Washington University who argued against Trump’s impeachment and a USA TODAY contributor – said Trump’s action was “dubious at best” and “openly circumventing Congress in areas that are left expressly to Congress in the Constitution, specifically that Congress was given control over taxation.”

On the other hand, Josh Blackman, a law professor at the South Texas College of Law in Houston, saw “no inkling anyone will challenge” Trump’s actions and did not see “any argument that it’s illegal.”

Turley compared the payroll tax deferral to President Barack Obama’s Deferred Action for Childhood Arrivals, which indefinitely delayed the deportation of immigrants who came to the U.S. as children. “Just as Obama ordered deferred enforcement under immigration law, Trump is declaring deferral under tax laws. The executive overreach is the same,” Turley said.

But Blackman says the law explicitly allows for the president to delay the collection of taxes for up to a year. For that reason, any challenge to the order on payroll taxes was certain for defeat, unless they continued to be deferred past the 12-month window.

The two experts also differed on whether Trump was justified in using the Stafford Act to fund the $400 “assistance program for lost wages.”

Neither Turley nor Blackman thought Trump’s actions on student loans or housing were subject to challenges.

Timing of $400 benefit

The $400 in Trump’s lost wage assistance order is in addition to the unemployment benefits that eligible claimants receive from the state. That is $200 less than the supplemental unemployment benefit approved by Congress last spring. That benefit expired at the end of July.

The $400 in enhanced benefits that Trump is ordering would be effective for the unemployment week ending Aug. 1 and would continue through Dec. 27.

But how soon the benefits might start arriving remains unclear. White House press secretary Kayleigh McEnany said Monday the administration cannot provide a timeline for delivery of the benefits and that much of that will depend on the various states.

The reason: Trump’s order requires states to pay $100 of those $400 in weekly benefits. But some governors already are questioning whether states could afford to pick up the extra cost.

Protecting people from eviction?

Congress passed a federal moratorium last March to protect renters from being evicted if they live in buildings or houses with mortgages backed by the federal government. That moratorium covered about a third of all renters, but it expired July 24, putting at risk the tenants of more than 12 million units nationwide if they miss payments.

One of the orders Trump signed on Saturday instructs the Department of Housing and Urban Development (HUD), the Department of Health and Human Services and the Centers for Disease Control and Prevention to enable renters and homeowners to stay in their homes. HUD also will provide financial assistance to struggling renters and homeowners, Trump said.

But some experts question how effective that eviction order will be.

The National Apartment Association said the order does not extend the eviction moratorium passed this year.

“The best way to keep renters stably housed and maintain the industry’s solvency during the COVID-19 pandemic is through direct and robust financial assistance,” the association said.

Critics say some of the actions may take too much time to implement.