NEW ANALYSIS: Trump’s Use of Executive Orders in Second Term Is Unprecedented, Unilateral, and Unpopular

WASHINGTON — The States United Democracy Center today released a new report finding that President Donald Trump has issued 217 executive orders in the first 10 months of his second term—far more than any president at this point in office and a stark shift from historical norms. The analysis shows that Trump’s executive orders are unprecedented in scale, met by strong judicial and state pushback, and clash with public sentiment.

“The defining story of 2025 is how states served as a crucial check on unparalleled federal overreach, including President Trump’s extraordinary reliance on executive orders,” said Joanna Lydgate, CEO of the States United Democracy Center. “While executive orders have been used by past presidents of both parties, they were never meant to replace Congress or stand in for the rule of law. These unilateral directives—many of them unlawful and at odds with the American people—have forced states to defend constitutional boundaries that the federal government is meant to uphold.”

The report, Executive (Dis)Order: Trump’s Unprecedented Use of Executive Orders and How States Are Fighting Back, details how many of these executive orders intrude on state authority, prompting states to play a central role in challenging the administration’s directives. Courts have blocked several of Trump’s most far-reaching orders, and many continue to face active litigation.
Polling included in the report shows public opposition to this overreach of presidential power. Nearly seven in ten Americans believe Trump is trying to exercise more power than previous presidents, and majorities say they prefer Congress—not the president acting alone—to set public policy.

“The pace of Trump’s second-term executive orders is unlike anything we’ve seen in contemporary presidential history,” said Michael Pomante, Senior Researcher at the States United Democracy Center. “This has put states at the forefront of holding the administration accountable—all while continuing to deliver the essential services their communities depend on.”

Key findings from the report:

• The president issued 143 executive orders in his first 100 days—which is 7.2 times the historical average and more than 3.4 times the number used by President Biden in the same period.
• More than 30 of the president’s 217 executive orders are already facing federal court challenges.
• More than half of Americans believe the president is relying too heavily on executive orders. Only 21% believe that he is staying within normal limits.

Read the full report here.

###

About the States United Democracy Center

States United is a nonpartisan 501(c)(3) organization dedicated to the rule of law and free, fair, secure elections. We provide direct support to state officials and law enforcement leaders as they uphold the law and our system of checks and balances, protect public safety, defend elections, and preserve our democracy. For more information, visit statesunited.org.