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Noah Feldman

Two Cases Where Trump Could Rewrite the Rules

Reversal of Obama's executive actions may make the Supreme Court's view moot.
Mandated. For now.

Mandated. For now.

Photographer: Tim Matsui/Getty Images

Vice President-elect Mike Pence has told evangelical leader James Dobson that the next administration will reverse President Barack Obama’s contraceptive mandate rules and transgender bathroom guidance -- both of which it can do without Congress. If Pence speaks for President-elect Donald Trump, both decisions would have major implications for cases now before the U.S. Supreme Court.

In both cases, the effects of unilateral executive action are tricky, because liberal appellate decisions remain on the books, and because conservatives would like to see those decisions reversed. Trump doesn’t yet have an attorney general or a solicitor general, but his Department of Justice will soon have to figure out how to proceed.