The resulting question of legality centers on whether the Mint satisfied the statute by providing the CCAC an opportunity to review the designs—or whether the law required an actual committee deliberation and input.
According to Michael J. Gerhardt, a professor of law at the University of Pennsylvania Carey Law School, says that the coin “violates both federal law and historical practice.”
“The Department of Treasury is bound to follow federal law. Its efforts to maneuver around federal law are illegal,” Gerhardt tells TIME. “The fact that the coin is commemorative does not immunize it from being covered by relevant federal law.”
Daniel Weiner, the senior director of the Brennan Center’s Elections and Government Program, sees this as an issue that goes beyond law, and is much more about an Administration that has continually stretched the bounds of executive power.
“To some extent, its legality is kind of beside the point,” he tells TIME. “There’s the broader context of removing checks on the President’s ability to dominate every action of the Executive Branch. The question is: What are we supposed to do in this situation?”
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