On the recordSeptember 26, 2002
I don't want to belabor this any longer. But I say to the ranking member, there is only one case out of the 30 years where the President's authority was ever challenged to do what he did in moving employees around. And in that case, which was a case in the U.S. Court of Appeals for the District of Columbia, on the question of whether the President had proved the reason for making the decision that he made, the court said--I will have it printed in the Record-- The executive order under review cited accurately the statutory source of authority therefor, and purported to amend an earlier order that indubitably was . . . proper. . . .The act does not itself require or even suggest that any finding be reproduced in the order. I would say, in layman's language, that basically said: Look, once the President says I am doing this because the mission and responsibilities have materially changed, he does not have to make a finding.
Said by
John B. Breaux
Source
govinfo.gov