Alert 11.07.24
Alert
Alert
By Aimee P. Ghosh, Craig J. Saperstein, Adam J. Sandler, Betsy Craig
01.10.25
On Monday, January 20, 2025, President-elect Donald J. Trump will take the oath of office. While the first 100 days of a presidential administration is the unit of measurement typically used to determine early presidential success or failure, President-elect Trump has promised to “make heads spin” with a flurry of early executive orders, agency directives, nominations and pardons in the early hours and days of the second Trump Administration.
Our team breaks down the most critical developments expected on “Day One” likely to impact businesses and industries.
Executive Orders
An executive order (EO) is a directive issued by the president to federal agencies, departments or officials to implement or manage operations within the executive branch. The issuance and revocation of EOs are two of the more powerful tools in the presidential toolkit because EOs do not require approval from Congress to issue and, provided that the EO is grounded in the president’s constitutional or statutory authority, they carry the force of law. EOs serve as mandatory directives for executive branch agencies which are then tasked with implementing specific policies in accordance with the EO.
President-elect Trump, who issued 220 EOs during his first term, is expected to sign many new orders during the first days of his second term. The EOs are expected to cover a range of issues and center on fulfilling campaign promises and reversing Biden-era policies, including potential actions in the following areas:
While some EOs issued by President Trump on Day One are likely to have immediate and significant policy implications, others may serve more as symbolic gestures to signal the administration’s priorities. Immediately impactful early actions, such as those imposing tariffs or directing federal agencies to roll back regulations, can directly alter government operations or economic dynamics. However, others may primarily serve to reinforce campaign messaging, such as broad directives for agencies to “review policies” or other moves that lack enforcement mechanisms.
Further, many of President-elect Trump’s anticipated EOs are likely to face legal challenges in federal courts, particularly those involving contentious areas like immigration, tariffs and environmental rollbacks. Opponents, including advocacy groups, state governments and trade partners, may argue that certain EOs exceed presidential authority, conflict with existing laws or violate constitutional principles. For example, sweeping tariffs or environmental deregulation might be contested as inconsistent with international trade agreements or statutory obligations. Similarly, actions targeting immigration enforcement could face scrutiny for infringing on due process rights or existing immigration statutes. While the courts often give presidents substantial leeway in issuing EOs, judges can strike them down if found to lack proper legal or constitutional grounding. Alternatively, opponents may seek to challenge the actions agencies take to implement EOs by arguing, for example, that the agency failed to comply with procedural requirements under the Administrative Procedure Act.
Other Possible “Day One” Actions
Pardons and commutations. While the bulk of the newly sworn-in president’s actions are expected to come in the form of EOs or Presidential Policy Directives, other actions should be expected. President-elect Trump has indicated he plans to exercise his executive clemency powers immediately upon inauguration, with a focus on issuing pardons and commutations to individuals convicted in connection with the January 6, 2021, U.S. Capitol incident. Presidential authority in this area is nearly absolute, extends to all federal criminal offenses, and cannot generally be limited by Congress or reviewed by courts.
Appointments and staffing announcements. President-elect Trump is expected to continue making key staffing and appointment announcements following his inauguration, focusing on filling remaining vacancies in his administration. While most high-level appointed positions have already been announced, numerous sub-Cabinet, but very influential, roles remain unfilled. These positions are critical for shaping and implementing the administration’s policies across sectors such as energy, trade and immigration. Additionally, President-elect Trump is likely to emphasize appointees aligned with his priorities, including individuals with industry ties or outspoken critics of Biden-era policies. Observers will closely watch these announcements for insights into the administration’s broader agenda, as appointees often signal how aggressively policies will be pursued. Early statements from nominees could also provide clues about regulatory and enforcement priorities across federal agencies.
Department of Government Efficiency (DOGE) announcements. President-elect Trump has shown a willingness to adopt ideas that will come out of his Department of Government Efficiency, a non-governmental advisory group led by Elon Musk and Vivek Ramaswamy. DOGE may play a prominent role early in the Trump Administration by targeting government spending, regulation, federal workforce policies and operational inefficiencies. DOGE leaders are expected to amplify early White House announcements that reduce remote work for federal employees or aim to restructure or eliminate specific federal agencies or offices.
Next Steps
As President-elect Trump begins his second term, the scope and speed of anticipated executive actions, staffing decisions and policy shifts will undoubtedly shape the early dynamics of his administration. From sweeping executive orders to potential legal challenges, businesses and stakeholders must stay alert to evolving regulatory and economic impacts. Pillsbury’s experienced legal and policy advisors are here to help you navigate the complexities of this transition, prepare for regulatory changes, and take advantage of opportunities for your business. Contact us to learn more and visit Pillsbury’s Trump 2.0 Resource Center for more insight and analysis.