A President Cannot Rescind Executive Orders?

Breitbart.com reports

“In a complex, 5-4 opinion, in which Chief Justice John Roberts joined the Court’s four liberal justices, the majority held that the administration had failed to offer sufficient reasons for rescinding the policy, and had failed to provide enough consideration about what would happen to the 700,000 people who had registered for the DACA program.

“The dispute before the Court is not whether DHS may rescind DACA. All parties agree that it may. The dispute is instead primarily about the procedure the agency fol- lowed in doing so,” the opinion by Justice Roberts declared.   

  Justice Clarence Thomas in his dissent with this decision wrote:

  “Under the auspices of today’s decision, administrations can bind their successors by unlawfully adopting significant legal changes through Executive Branch agency memoranda.”

Chief Justice John Roberts has once again betrayed the constitutional conservatives who elected the President who appointed him to the Supreme Court.  While most Americans would agree that the Supreme Court can step in to invalidate an executive order if it clearly violates the Constitution, the Supreme Court has absolutely no authority to stop Presidents from rescinding executive orders.

A President does not have to justify to the Supreme Court or Congress why he is rescinding any executive order of his or one of his predecessors.   The power to rescind executive orders resides solely in the executive branch, and specifically the President, and there is no advise or consent needed by the courts or congress for Presidents to exercise this power.