cue the inevitable lawsuit from the DoL leading to the SC ruling ERISA-related EOs fall outside the boundaries of the chevron ruling because in 1788 a sailor slipped on a wet rag on a government ship and the captain bought him lunch, therefore the government retains authority over the entire financial markets

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He signed an EO for DoL to look at how to do this. 401ks exist under a legislative framework passed by congress in 1970s called ERISA. Ironically, the SCOTUS chevron ruling which was seen as a big republican win effectively also prevente EOs like this being effective as it essentially says executive branch agencies dont just get to interpret the law that is reserved for judiciary and legislative. So a fat nothing burger.

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