The US Supreme Court has made Donald Trump stronger than ever, showing little inclination to stop, after a momentous term that included a rejection of his attempt to scrap birthright citizenship. Closer inspection reveals a court that has shifted its perception of what is legally possible, accommodating Trump’s extravagant view of his own presidential powers.
Birthright Citizenship Ruling: A Surface-Level Setback
The birthright ruling, upholding the right to citizenship for anyone born in the US, appeared as a major setback on a key Trump issue. However, legal scholars note that four conservative justices challenged the long-held principle enshrined in the 14th Amendment. Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch filed dissenting opinions, while Brett Kavanaugh concurred in part, arguing Trump’s bid violated federal law but not the constitution. “The fact that the Overton window has moved to make these positions thinkable is revolutionary,” said Laurence Tribe, emeritus law professor at Harvard University. “It suggests the republic is hanging by a thread.”
Court Acquiesces in Multiple Power Grabs
The court’s six-to-three conservative majority has adopted vast segments of Trump’s program. Most significant was Monday’s ruling in Slaughter v. Trump, granting the president the right to fire leaders of independent agencies at will, overturning a 90-year-old precedent. This decision, justified through the unitary executive theory, opens the door to an “imperial presidency.” Daniel Epps, a law professor at Washington University, noted: “What the court has done with executive power is significant in undercutting the administrative state.”
Ripple Effects Across Voting Rights and Immigration
The court weakened the 1965 Voting Rights Act, allowing southern legislatures to redraw congressional districts, likely benefiting Republicans. On the same day as the birthright ruling, the court dismissed rights for transgender girls in sports and lifted campaign finance restrictions. It also greenlit stripping temporary protective status from Haitian and Syrian refugees. Kim Lane Scheppele of Princeton University warned that weakening the Voting Rights Act would trigger “a huge set of ripple effects,” drastically reducing Black representation in Congress.
Future Targets: Congress and Civil Servants
Trump’s next targets may include Congress and civil servants, boosted by the court’s conservative justices contemplating previously unthinkable arguments. “A lot of legal arguments that were off the wall are now on the wall,” said Scheppele. Future rulings could assert the president’s power to ignore congressionally mandated spending. Tribe added: “We have a Congress that is inert, a president with no regard for the law, and a court whose vision of the presidency is akin to a monarch—but stronger. Even King George III had a parliament to worry about, but King Trump needn’t worry much at all.”
