The US Supreme Court has made Donald Trump stronger than ever, despite a surface-level setback on birthright citizenship, legal scholars say. The court has acquiesced in multiple power grabs from the White House, leaving a dramatically transformed political landscape.
Tuesday's rejection of Trump's attempt to scrap birthright citizenship appeared to be a major defeat, but closer inspection reveals a court that has shifted its perception of what is legally possible. Four conservative justices challenged the long-held principle enshrined in the 14th Amendment, with three filing dissenting opinions and a fourth dissenting in part.
“The fact that the Overton window has moved ... even thinkable is revolutionary,” said Laurence Tribe, an emeritus law professor at Harvard University. “It suggests that the republic is hanging by a thread.”
Most significant for Trump's expansive view of presidential power was Monday's ruling in the Slaughter case, which gave the president the right to remove the head of any federal agency at will. The decision overturns a 90-year-old precedent and opens the door to an “imperial presidency”, critics say.
“What the court has done with executive power has been really significant,” said Daniel Epps, a law professor at Washington University in St Louis, who suggested the court was likely to grant Trump even more power in future.
