Supreme Court Justices Face Trump Power Test This Term/ Newslooks/ WASHINGTON/ J. Mansour/ Morning Edition/ The Supreme Court’s new term begins Monday with landmark cases testing President Donald Trump’s sweeping use of executive power. Justices will weigh challenges to Trump’s tariffs, birthright citizenship order, and firing powers, alongside key voting and LGBTQ rights cases. Observers say it could be one of the most politically charged and consequential terms in modern U.S. history.
Presidential Power and Supreme Court Quick Look
- Term focus: The justices confront Trump’s aggressive assertions of authority, from trade to citizenship.
- Key cases: Tariff powers, birthright citizenship, and removal of agency heads.
- Voting impact: Redistricting cases could reshape minority representation in Congress.
- Cultural stakes: Transgender athletes and LGBTQ rights back before the Court.
- Judicial future: Justice Alito’s possible retirement in 2026 looms large.
Supreme Court Justices Face Trump Power Test This Term
Deep Look
The U.S. Supreme Court’s 2025-26 term opens with historic stakes, as the conservative-dominated bench weighs the boundaries of presidential authority under President Donald Trump’s second administration.
After months of emergency rulings often siding with the White House, the justices now face full arguments on whether Trump overstepped executive powers — particularly his unilateral tariffs, his birthright citizenship order, and his removal of independent agency officials without cause.
Justice Ketanji Brown Jackson, in a dissent over a prior ruling allowing Trump’s budget cuts, likened the court’s pattern to “Calvinball jurisprudence,” suggesting rules were bent to favor the administration. Analysts expect a deeply divided term.
Three Major Trump Power Tests
- Tariffs Case – November:
States and small businesses challenge Trump’s sweeping tariffs imposed under emergency powers. Lower courts said the move usurped Congress’s taxation authority. The administration argues such power is inherent to national import regulation.
Four appellate judges sided with Trump, foreshadowing a possible conservative Supreme Court victory. - Firing of Independent Officials – December:
The Court will revisit a 90-year-old precedent that protects agency heads from being dismissed without cause. Conservatives are expected to side with Trump, signaling broader executive control over independent agencies. - Birthright Citizenship Case – Pending:
Trump’s order denying citizenship to U.S.-born children of undocumented or temporary migrants faces fierce legal opposition. Lower courts called it unconstitutional, citing the 1898 Wong Kim Ark ruling affirming birthright citizenship.
Voting Rights and Campaign Finance
The Court will also revisit Louisiana’s congressional map, which civil rights groups say dilutes Black representation. The state’s Republican leadership wants to ban racial considerations in redistricting entirely — a move that could gut parts of the Voting Rights Act.
Observers note the reargument, a rare Supreme Court occurrence, may signal a major shift akin to Citizens United (2010), which deregulated campaign spending.
Meanwhile, conservatives are pushing to lift limits on how much political parties can coordinate spending with candidates. The Court, led by Chief Justice John Roberts, has historically struck down campaign finance rules, and many expect another rollback.
Transgender Rights Back at the Court
Two cases — from Idaho and West Virginia — challenge bans preventing transgender women and girls from competing in women’s sports. Lower courts ruled the bans unconstitutional under Title IX and equal protection principles.
The Supreme Court’s decision to hear the cases comes months after it upheld bans on gender-affirming care for minors, showing the justices’ willingness to revisit transgender rights head-on.
Alito’s Future and the Court’s Direction
Justice Samuel Alito, who turns 76 in April 2026, could retire before the next presidential election, giving Trump a chance to appoint a younger conservative successor while Republicans still control the Senate.
Though Justice Clarence Thomas, 77, remains the oldest member, he shows no intention of stepping down before breaking the longevity record in 2028.
Alito’s upcoming book contract has fueled speculation he might leave the bench after its release next year — potentially reshaping the Court’s balance for decades.
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