Supreme Court to Address Executive Power in Upcoming Term: NPR
The upcoming term of the U.S. Supreme Court, commencing on Monday, is set to explore significant aspects of executive power as outlined in the Constitution. Notably, major cases on the docket center around the authority granted to the president, with far-reaching implications for governance in America.
Key Supreme Court Cases on Executive Power
This term, the Court will address several high-stakes issues including:
- The future of the Voting Rights Act.
- Limits on campaign fundraising laws.
- The legality of Trump-era tariffs.
- The president’s authority to dismiss independent agency commissioners.
A pivotal case that has generated significant interest involves whether President Trump overstepped his executive power by issuing an executive order that would deny automatic citizenship to children born in the U.S.
Emergency Docket Records
Since the start of Trump’s second term, the Supreme Court, with a conservative majority of 6-3, has rapidly approved numerous emergency applications from the administration. In just over eight months, the Court has granted 20 requests, while only denying three.
This rapid approval of emergency applications has established a pattern that encourages the Solicitor General to seek additional relief, reinforcing the Court’s influence on executive initiatives.
Implications of Temporary Decisions
While the temporary rulings are not final and provide no thorough explanations, they have often resulted in irreversible changes. Many vital programs associated with appropriated congressional funds have been significantly affected, with some now completely defunct.
Critical Hearings on Governance Structure
This term will also revisit the dynamics of government structure. The Court previously allowed the president to dismiss independent agency commissioners at will, with notable exceptions. For instance, Trump began his second term by removing Democratic officials from their positions before their terms concluded.
A test case regarding the dismissal of a Federal Trade Commissioner will soon be under consideration. This case is particularly intriguing, as the Supreme Court had historically protected such removals in a unanimous 1935 ruling.
Variety of Important Cases
The Court’s agenda includes examining Trump’s statutory authority concerning tariffs. A previous ruling from a federal appeals court indicated that he had exceeded his legal powers, with arguments scheduled for November.
Additionally, the Court will review a Colorado therapist’s First Amendment rights concerning conversion therapy restrictions and upcoming cases on transgender athletes in school sports. Despite a diverse range of issues, this term is predominantly centered on the powers of the presidency.
Broader Responses and Public Sentiment
As the Court navigates these cases, its approval rates have been declining. Justices are increasingly finding their decisions and comments scrutinized from various ideological perspectives.
In a recent case, Justices Gorsuch and Kavanaugh openly criticized lower court rulings, leading to responses from judges across the spectrum. Conversely, Justice Ketanji Brown Jackson’s dissenting remarks have raised eyebrows, notably in a case addressing the extent of executive power.
Legal experts, including William Baude from the University of Chicago, underscore the importance of the Court’s ability to reflect on its actions. They emphasize the necessity of impartiality, regardless of presidential administration.
This term promises to shape the future landscape of American governance, especially concerning executive authority. As cases progress through the Court, the implications could resonate for years to come.
