Judicial Firewall: How the Supreme Court Might Restrain Trump’s Agenda
By Jake Beardslee ·
November 29, 2024
As Donald Trump prepares for a return to the White House, legal experts are raising critical questions about the Supreme Court's ability to constrain presidential power and Trump's potential willingness to comply with judicial rulings. Seth Wenig/Pool via USA TODAY NETWORK
During Trump's first presidential term, the Supreme Court frequently intervened to block his more extreme policy proposals. However, the current court landscape has dramatically shifted, with Trump having appointed three conservative justices who have significantly reshaped the judicial body. Joe Ravi / Wikimedia
Georgetown University Law Professor Steve Vladeck expressed uncertainty about the court's stance, telling The Washington Post, "I don't have any faith that the court is going to stand up to Trump in all cases. But I think it will stand up to him in some cases, and the question is then what?" Gage Skidmore / Wikimedia
The core concern among legal analysts is not just the court's potential rulings, but Trump's potential response to adverse decisions. As Vladeck provocatively noted, the critical question is whether they will have "break the glass conversations" if Trump challenges judicial authority. Gage Skidmore / Wikimedia
Trump's proposed policies—including mass deportations, ending birthright citizenship, and extensive federal workforce restructuring—are likely to trigger significant legal challenges. According to research conducted by USC law scholars Rebecca L. Brown and Lee Epstein, the Trump White House faced a poor track record at the Supreme Court, losing approximately 60% of its cases before the justices. Phil Roeder / Wikimedia
Michael Waldman from the Brennan Center for Justice warned The Washington Post, "Trump is trying to shift the constitutional balance," highlighting the potential constitutional tensions that may emerge. Gage Skidmore / Wikimedia
Key legal experts like Jonathan H. Adler suggest that recent Supreme Court decisions limiting federal agency power could actually constrain Trump's executive agenda, potentially forcing more measured policy implementations. Marielam1 / Wikimedia
