MOVE WOULD TEST CONSTITUTIONAL LIMITS AND TRIGGER MAJOR LEGAL CHALLENGES, EXPERTS SAY
Donald Trump announced he intends to cancel all Executive Orders signed by President Biden’s “auto pen,” claiming the documents are invalid — a stance legal scholars say would face immediate constitutional challenges.
Former President Donald Trump stated Thursday that he plans to cancel every Executive Order signed by President Joe Biden using an “auto pen,” a mechanical device that signs documents on behalf of the president when approved for use. The announcement adds another layer to Trump’s broader effort to dismantle Biden-era policies across federal agencies.
In his message, Trump argued that Executive Orders signed using an auto pen are “illegitimate,” alleging that only a handwritten presidential signature should be considered valid. The White House has previously confirmed that the auto pen is a longstanding, legally recognized tool, used occasionally by presidents of both parties when they are traveling or unavailable to sign in person.
Constitutional experts quickly noted that invalidating Executive Orders retroactively would face significant legal obstacles. The Presidential Succession Act and multiple Office of Legal Counsel rulings affirm that auto-pen signatures are binding as long as the president provides explicit authorization.
If attempted, Trump’s proposal could immediately impact dozens of Biden directives related to immigration, health care, climate policy, technology regulation, student loans and federal hiring rules. Agencies would face rapid policy reversals and administrative chaos while courts determine legality.
Supporters of Trump’s stance say the move would restore “authentic” presidential authority and overturn what they argue were rushed or politically motivated directives. Critics say the claim is “legally baseless” and would upend decades of established presidential practice.
Legal analysts expect any sweeping cancellation attempt to be tied up in litigation for months, if not years, potentially reaching the Supreme Court.
