Monday, June 18, 2018
Politics

PolitiFact: Statement on Obama's executive orders relies on incorrect premise

The statement

"In the last three years alone, 13 times, the Supreme Court, unanimously, 9-0, including all of the president's liberal picks, have struck down the president's executive orders."

Sean Spicer, RNC spokesman, July 6 on CNN's State of the Union

The ruling

This was a bit of deja vu for us. Just one week earlier, we heard a very similar claim from Rep. Bob Goodlatte. We rated it False.

Goodlatte claimed that the Supreme Court decision in National Labor Relations Board vs. Noel Canning was "the 13th time the Supreme Court has voted 9-0 that the president has exceeded his constitutional authority."

Spicer's statement relies on the same incorrect premise as Goodlatte's comment, and takes it a step further. Let's explain why.

Goodlatte provided us a list of the cases he was referring to. We reviewed them and had several issues. For starters, nine of the 13 cases actually originated when President George W. Bush was in office.

Obama's Justice Department in many of the cases handled the appellate process and ultimately defended the actions to the Supreme Court. But that's commonplace, experts we spoke with said.

Only one of the 13 cases actually had to do directly with Obama's overreach: National Labor Relations Board vs. Noel Canning. In that case, decided in June, the Supreme Court said unanimously that Obama went too far when he appointed members to the National Labor Relations Board when the Senate wasn't technically in session.

But even that case had nothing to do with what Spicer said on CNN. Spicer claimed that the court has unanimously rejected "the president's executive orders" 13 times in three years.

Executive orders are official actions taken by the president directing the federal government and bureaucracies. They carry the power of law, but can be revoked or amended by future administrations and are limited in scope.

It does not appear that any of these cases actually have to do with executive orders issued by Obama.

In the case concerning the National Labor Relations Board, for example, the issue was the president's power to make appointments. There was no executive order issued that named individuals to positions to the board.

In United States vs. Arizona, Obama's justice department took Arizona to court over the state's tough immigration laws. But it wasn't the result of an executive order from Obama.

In McCullen vs. Coakley, the Obama administration was not even a plaintiff or a defendant in the case. The case was a challenge to a Massachusetts law that put no-protest zones around abortion clinics. While the Obama administration filed a brief supporting the Massachusetts law, no executive order was filed or challenged.

We rate the statement Pants on Fire.

Read more at PolitiFact.com.

Comments
FBI agent removed from Russia probe for anti-Trump texts says heís willing to testify before Congress

FBI agent removed from Russia probe for anti-Trump texts says heís willing to testify before Congress

The FBI agent who was removed from the investigation into Russian interference in the 2016 election for sending anti-Trump texts intends to testify before the House Judiciary Committee and any other congressional committee that asks, his attorney sai...
Published: 06/17/18
Erosion of immigrant protections began with Trump inaugural

Erosion of immigrant protections began with Trump inaugural

The Trump administrationís move to separate immigrant parents from their children on the U.S.-Mexico border has grabbed attention around the world, drawn scorn from human-rights organizations and overtaken the immigration debate in Congress.Itís also...
Published: 06/17/18
GOP lawmakers decry family separations as WH defends policy

GOP lawmakers decry family separations as WH defends policy

WASHINGTON ó Congressional Republicans distanced themselves Thursday from the Trump administrationís aggressive policy of separating children from their parents at the southern border even as the White House cited the Bible in defending its "zero tol...
Published: 06/14/18
Sarah Sanders and  Raj Shah are planning to step down, per CBS report

Sarah Sanders and Raj Shah are planning to step down, per CBS report

Press secretary Sarah Sanders and principal deputy press secretary Raj Shah are considering stepping down, according to a CBS report. Sanders promptly responded in a Tweet saying, "I love my job and am honored to work for @POTUS." Does @CBSNews k...
Published: 06/13/18
Updated: 06/14/18
Fed raises key rate and sees possible acceleration in hikes

Fed raises key rate and sees possible acceleration in hikes

WASHINGTON ó The Federal Reserve has raised its benchmark interest rate for the second time this year and signaled that it may step up its pace of rate increases because of solid economic growth and rising inflation. The Fed now foresees four rate hi...
Published: 06/13/18
Hillsborough Sheriff Chad Chronister hits $1 million mark in first bid for election

Hillsborough Sheriff Chad Chronister hits $1 million mark in first bid for election

TAMPA ó Law enforcement officers never want to be outgunned. Neither do political candidates.Hillsborough Sheriff Chad Chronister need not worry.The Republican candidate has amassed what appears to be a record-sized war chest of just more than $1 mil...
Published: 06/12/18
Romano: It ainít voter suppression if you bother to show up

Romano: It ainít voter suppression if you bother to show up

So the Supreme Court is in favor of voter suppression.Or is it election integrity?I suppose your interpretation depends on your party affiliation.Liberals seem convinced that an Ohio voting law upheld by the Supreme Court on Monday is a devious plot ...
Published: 06/12/18
Romano: It ainít voter suppression if you bother to show up

Romano: It ainít voter suppression if you bother to show up

So the Supreme Court is in favor of voter suppression.Or is it election integrity?I suppose your interpretation depends on your party affiliation.Liberals seem convinced that an Ohio voting law upheld by the Supreme Court on Monday is a devious plot ...
Published: 06/12/18
Trumpís tougher Cuba policy having little impact on Tampa area

Trumpís tougher Cuba policy having little impact on Tampa area

TAMPA ó June 16 will mark a year since President Trump announced a tougher Cuba travel policy, but unlike in much of the nation, the changes donít seem to have hurt local bookings to the island.The number of people traveling between Tampa and Havana ...
Published: 06/11/18
Updated: 06/13/18
Trump, Kim Jong Un arrive in Singapore for historic summit

Trump, Kim Jong Un arrive in Singapore for historic summit

SINGAPORE - President Donald Trump arrived here Sunday night ahead of a potentially historic summit with North Korean leader Kim Jong Un, the first meeting between the leaders of two countries that have been sworn enemies for almost seven decades.Air...
Published: 06/11/18