Trump’s Executive Actions Didn’t Even Do the Bare Minimum They Could Have

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Trump’s Executive Actions Didn’t Even Do the Bare Minimum They Could Have
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Trump isn’t even trying to try anymore with his latest end run around Congress.

to do much of anything either, since most employers are likely to keep withholding money from their workers’ earnings in case they have to pay it down the line.

And then there was Trump’s scheme to continue unemployment insurance, the most confusing bit of his plan. Going into the weekend, many wondered what bizarre legal maneuver the White House would pull to try to extend the $600 per week federal unemployment benefits that expired at the end of July, leaving millions of Americans in the financial lurch. The answer is that he didn’t.

On top of all that, the entire plan may be illegal, as Georgetown University law professor David Super.* Trump wants to create this program using the Robert T. Stafford Disaster Relief and Emergency Assistance Act, which usually governs things like aid to hurricane and flood victims. The statute does explicitly allow FEMA to provide emergency unemployment assistance to disaster victims, but only if they aren’t receiving any other jobless benefits.

If this provision existed in isolation, one might try to stretch it to allow unemployment benefits granted without specifying the “necessary expenses” being reimbursed. But as Congress has provided clear instructions for how the Disaster Relief Fund may be used for unemployment benefits, the President’s action effectively reads those conditions out of the statute.

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