The presumption of regularity is an important principle that courts use in cases regarding executive discretion. However, failure to codify this principle has led to dozens of different interpretations and inconsistent application.
Latest in Presumption of Regularity
Judge Reggie Walton’s ruling demanding in camera review of the unredacted Mueller report underscores how much the Trump administration has squandered the executive branch’s goodwill with the judiciary.
“Regular” is not the first word that comes to mind when I think about the current president. The process that led to the travel ban is a perfect example of why. The original executive order was rushed out in fulfillment of then-candidate Trump’s promised “Muslim ban” (“Statement on Preventing Muslim Immigration,” Dec. 7, 2015), without the regular vetting for such policies.