In this case, the administration rewrote its order twice in an effort to make the policy constitutionally viable — a process Trump complained bitterly had “watered down” his proposal. By Matz’s logic, however, Trump can’t actually do anything to restrict immigration that’s legally sound, because anything he tries to do has already been tainted by his own indiscreet blather.
Taken to its extreme, this means a president’s power can be curtailed by the presumption of motive, no matter what he or she might have proposed in terms of actual policy. Hypothetically, you can see how a president might be better off enacting sensitive policies without ever making a public case for them at all.
Trump’s critics would argue that this fear is specious, because Trump represents an extraordinary challenge to the norms of responsible governance, and as such the moment needs to be met with extraordinary measures. I get that, and no one would be happier to see him lose this fight than I would.
The danger, though, is that with each extraordinary measure they unleash, they risk permanently defining down the presidency. To use a sports metaphor, we’re not so much moving the goalposts on Trump as we are trying to bring in the sidelines, in order to shrink the field on which he can play.
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