The D.C. Circuit Court of Appeals recently suggested that they may reverse a troubling gag order imposed by President Trump. This gag order prevents federal agencies from discussing their potential regulatory plans with anyone outside of the agency. It had been causing a great deal of concern for advocacy groups, because it made it much more difficult to challenge regulations they deemed to be harmful.
The Trump administration sought to scale back the order, but the federal appeals court was strongly in opposition to the idea. They argued that the gag order limits the public’s right to know what is happening in the government, and restricts advocacy groups’ ability to push back on regulations.
The appeals court seemed to agree with these arguments to some extent, and stated that they may potentially decide to pare back the restrictions on the agency’s communications. They did not, however, suggest that the Trump Administration would be willing to repeal the entirety of the order.
The implications of this decision could have long-term effects on how federal agencies communicate with the public. Advocacy groups will now have an easier time challenging proposed regulations, and the public will have greater access to information on how the government operates. This decision could set a precedent for future gag orders, and make it much harder for future presidents to impose such restrictive measures.
Ultimately, the appeals court decision was a victory for advocates of greater government transparency and a slap in the face to the Trump Administration. It is yet another example of the courts fighting against the president’s restrictive policies, and is a reminder that all three branches of government still have much room to check the president’s authority.