Explicame: Trump policies forced to pass thanks to Supreme Court

A recent series of Supreme Court decisions has significantly reshaped the balance of power in the U.S. government, drawing attention from legal scholars.

The U.S. Supreme Court has increasingly played a pivotal role in enabling the Trump administration’s policy objectives, marking a pronounced shift in the dynamics between the executive and judicial branches. Through a series of recent rulings, the Court has upheld key Trump-era administrative actions, reinforcing executive authority and raising concerns about the long-term implications for constitutional checks and balances.

Over just six months in office, the Trump administration’s Department of Justice filed more than 20 emergency requests with the Supreme Court, surpassing the 19 total emergency filings submitted during the entirety of Joe Biden’s presidency. This aggressive use of the emergency docket has yielded significant policy victories and underlined a broader transformation in how executive power is being exercised, and supported, by the judiciary.

Among the cases that the Court has ruled in favor of the Trump administration are Trump v. CASA, Trump v. AFGE, McMahon v. New York, and high-profile dismissals involving the Consumer Product Safety Commission and the Federal Trade Commission. These rulings have allowed the administration to fast-track deportations, eliminate certain migrant protections, freeze federal education grants, and access Social Security data, among other sweeping policy shifts.

In addition to these substantive decisions, the Supreme Court has moved to limit the ability of lower-court judges to issue nationwide injunctions that could block presidential actions. Critics argue this undermines a core function of judicial oversight. Justice Ketanji Brown Jackson, dissenting in one of the related cases, warned that curtailing universal injunctions could “threaten the rule of law.”

Chief Justice John Roberts has publicly emphasized the importance of judicial independence, rejecting the notion that disagreement with judicial decisions justifies impeachment. However, his leadership has also reflected a broader willingness to defer to executive authority in cases with broad constitutional implications.

Legal observers point to a trend: vague rulings, expedited decisions on the shadow docket, and a lack of clear legal reasoning have made it harder to track the boundaries of presidential power. Critics warn that this ambiguity may create the perception that the president can unilaterally restructure federal agencies, an alarming precedent for those who view judicial review as a safeguard against executive overreach.

As the Supreme Court continues to weigh in on high-stakes policy issues, the alignment between the bench and the executive branch under Trump’s leadership has redefined the limits of presidential authority. The consequences of this realignment are likely to shape American governance well beyond the current administration.

https://www.msn.com/en-us/news/politics/trump-policies-forced-to-pass-thanks-to-supreme-court/ar-AA1JNnKh

The Nation: The Supreme Court Gifts Trump Even More Power

The court seems ready to give the president extraordinary power over what had been independent worker- and consumer-protection agencies.

The court seems ready to give the president extraordinary power over what had been independent worker- and consumer-protection agencies.

Here’s a troubling news alert for everyone who cares about workers and consumers being protected from illegal, exploitative, and dangerous business practices: The Supreme Court appears ready to give President Donald Trump extraordinary power over what for nearly a century have been independent expert federal worker and consumer protection agencies insulated from White House interference.

The court showed its hand in Wilcox v. Trump—the case involving Trump’s unprecedented effort to fire Gwynne Wilcox—a Senate-confirmed member of the National Labor Relations Board (NLRB) and the first Black woman to ever serve as a member of the NLRB.

Members of independent agencies like the NLRB, the Federal Trade Commission (FTC) and the Consumer Product Safety Commission (CPSC), are nominated by the president and confirmed by the US Senate for defined terms. They are protected by law against being removed from office except where there has been wrongdoing and only after notice and a hearing. The Supreme Court has recognized and respected these “for cause” removal protections for 90 years.

That is, until now. Upon taking office for his second term, Trump decided that he has the power to unilaterally remove members of independent boards and commissions whenever and for whatever reason he wants. The list of casualties is long—in addition to Wilcox, he has fired members of the Equal Employment Opportunity Commission, the FTC, the CPSC, the Merit Systems Protection Board, the Federal Labor Relations Authority, and more. And by firing these officials, Trump has left these consumer- and worker-protection agencies without a quorum to act and hold corporations accountable.

The court’s order is going to embolden a president who has already shown himself willing to push or violate the boundaries of his power. Now that the Supreme Court has nodded at his power to fire members of independent boards and commissions, he will undoubtably continue to do so, even before the Supreme Court definitively rules on the merits of the question in its next term.

https://www.thenation.com/article/politics/wilcox-trump-federal-agencies