Dec. 18, 2017
Joshua Geltzer wrote for Just Security on the need to not be outraged by everything President Trump does, all the time:
But we simply can’t be outraged about everything, all of the time—even and perhaps especially in the era of Trump. It’s not healthy, and more importantly it can be counterproductive by drowning out the really big concerns with the picayune ones. Using severability clauses in executive orders faster than his predecessor did isn’t inherently suspicious, and frankly it doesn’t mean, as the USA Today story suggests, that Trump somehow thinks his executive orders are doomed once challenged in court. Instead, it just seems like the increased–and not even unprecedented–importation of a standard practice from statutes and contracts to executive orders. It’s sensible, not desperate, legal craftsmanship. Such legal devices do not rock the separation of powers; they engage it.