Understanding Executive Orders: Presidential Power and the Legal Response

No-cost, free MCLE event

1 hour participatory California MCLE credit

Program Description

Since taking office on January 20, President Trump has issued a far-reaching series of executive orders targeting key areas of federal policy—from the legal profession and education to immigration and administrative governance. This session places these actions in historical and constitutional context, tracing the evolving boundaries of executive power and the legal mechanisms intended to check it. It will also explore how these orders compare with prior exercises of presidential authority and how they fit within established constitutional frameworks.

The program will examine recent and ongoing litigation challenging these executive actions, highlighting the standards of judicial review and the courts’ role in preserving the separation of powers. It will also assess the legal strategies employed in opposing and defending executive orders, and evaluate the broader implications for presidential authority and the resilience of rule-of-law norms in an increasingly polarized political climate.

Agenda:

12:00-12:05     Introduction; Overview of executive orders under the Trump administration

12:05-12:20     Legal foundations and the history of executive orders

12:20-12:35     Scope and impact of Trump’s 2025 executive orders

12:35-12:50     Litigation, legal strategies, and judicial review

12:50-1:00       Q&A

About the presenter

Jim Hilbert is currently professor of law at Mitchell Hamline School of Law where he has taught full-time since 2010. He is the former interim president and dean (2023–24) and former vice dean (2020-2023) at the law school and currently also serves as Senior Fellow at the Dispute Resolution Institute. He teaches Transactions & Settlements, Civil Rights, Education Law, Expert Witness Advocacy, Deals & Dispute Resolution, and International Business Transactions. He is a long-time executive committee member of the St. Paul NAACP. He is also ad hoc counsel for the State NAACP. In addition, Professor Hilbert is the co-director of the Expert Witness Training Academy, which was funded by the National Science Foundation and provides training to climatologists on communicating in courtrooms and legislative hearings.

Flyer available here