As term nears end, Supreme Court weighs presidential powers
It has been another consequential term for the Supreme Court, but as the justices prepare for their long summer break, some of the most significant cases on their docket have yet to be decided.
By the last week of June, or perhaps the first week of July, the justices will release opinions that affect immigrants, transgender people and government officials. And they’ll decide whether President Donald Trump has exceeded his constitutional authority in asserting control over wide swaths of American life.
“A major theme of this term is how extensively the court is willing to curtail presidential power,” Zachary Shemtob, executive editor of SCOTUSblog, told Straight Arrow. “We see this across the map, in cases involving Trump’s control over the heads of independent agencies (such as the Federal Reserve and the Federal Trade Commission), tariffs, the temporary protected status of foreign nationals, and — of course — birthright citizenship. And I think the outcome will be rather nuanced.”
The court will release its next batch of opinions on Thursday. But it doesn’t signal when specific decisions will land.
Regardless, the rulings that come down before the term concludes late this month could have a massive effect on the 2026 midterm elections and far beyond.
Shemtob, who has covered the Supreme Court for 15 years, expects the justices to uphold the president’s power in most — but not all — of the remaining cases.
“I think the bottom line is that we see, and will see, a court willing to give the president great discretion in many areas, such as on immigration, the removal of some executive agency officials, and direct foreign affairs, but certainly not in all — including some of the biggest issues of the term,” Shemtob said. “That doesn’t make for a tidy narrative. But I think it’s a more accurate one than quick soundbites from both sides of the aisle might have us believe.”
Here’s a look at some of the most-watched cases still awaiting decisions:
Birthright citizenship
Trump has signed 266 executive orders since returning to office last year, outpacing every other president in the modern era.
One of the most controversial orders sought to end automatic American citizenship to babies born on U.S. soil to parents who are not in the United States lawfully. Trump v. Barbara asks the court to decide whether the 14th Amendment guarantees citizenship to anyone born in the U.S., regardless of their parentage.
It is one of the most closely watched cases, as it could change what it means to be an American. Shemtob expects the court to reject Trump’s argument.
Federal Reserve independence
Last year, Trump tried to fire Federal Reserve Gov. Lisa Cook, who was appointed to the central bank’s governing board by former President Joe Biden. She would be the first governor removed by a president in the Fed’s history.
Trump claimed Cook committed mortgage fraud by claiming two homes as her primary residence to obtain lower interest rates. Cook has denied the allegation, saying “there is no fraud, no intent to deceive, nothing whatsoever criminal or remotely a basis to allege mortgage fraud.”
She also sued to keep her job, arguing that if a president can fire a Fed governor without cause, it could undermine the institution’s independence.
Shemtob predicted that Cook will prevail.
Firing independent officials
A related lawsuit, Trump v. Slaughter, concerns Trump’s firing of Rebecca Slaughter, a member of the Federal Trade Commission. Slaughter argues that a longstanding legal protection limits a president’s authority to remove officials appointed to independent commissions and agencies.
Trump sees it differently. His administration argues that those restrictions violate the Constitution by preventing the president from exercising his executive power. But critics say that if the court rules in favor of Trump, it could weaken the power of independent agencies, such as the FTC, and many more. Shemtob said this could be a winning argument.
Temporary Protective Status
The court is examining if the Trump administration can revoke Temporary Protected Status for hundreds of thousands of immigrants from countries such as Syria and Haiti.
TPS allows immigrants to remain in the U.S. if their home countries are unsafe to return to because of war, natural disaster or other extraordinary conditions.
Trump wants to end the program, saying it usurps the president’s authority over immigration.
Transgender athletes
Can schools bar transgender women and girls from female sports teams? Supporters argue that the bans protect fairness and safety for girls sports teams. But those who oppose the bans say they are discriminatory.
The decision could affect how states apply Title IX protections in sports.
Round out your reading
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- We’re building a new Straight Arrow. Help us shape our future by taking our survey.
Ella Rae Greene, Editor In Chief
