katero
Jun 30, 2026

The Supreme Court is not in Trump's thrall

Chris Mondics

The Supreme Court is not in Trump’s thrall

  • Tuesday, June 30, 2026, 8:31 PM
Supreme Court
Donald Trump walks by Supreme Court Chief Justice John Roberts as he arrives to deliver his State of the Union address (Getty)

The latest Supreme Court term, which ended on Tuesday, surely must have been a deep disappointment for those who argue the court is in the thrall of political puppet masters.

In decision after decision in the term that began Oct. 6, the high court asserted a degree of institutional independence that undercuts the idea its jurists are merely politicians in judicial robes.

Most popular

Gavin Mortimer

Why is the New York Times celebrating the slave-trading Vikings?
vikings

Christopher Caldwell

America is still an English country

Alexander Larman

What went wrong with the Madonna biopic?

At bottom, the issues before the court were characterized by Trump’s attempts to vastly expand presidential authority and efforts by states, political opponents and others to rein him in.

In the end, the match was a draw.

This court, with a 6-3 conservative majority, of course tilts right and has handed down decisions on migrant asylum claims and executive power, among others, that are celebrated by Republicans. Yet on the last day, it dealt Trump a setback by ruling against his executive order banning birthright citizenship.

On key elements of President Trump’s agenda, the court also has made clear it will put up roadblocks when it finds Trump overstepped statutory or constitutional boundaries.

This was so on several issues central to Trump’s governing agenda. In rulings this term, the court found there was no basis in the law for his attempts to unilaterally impose tariffs on US trading partners, fire a member of the Federal Reserve, and send federal troops to cities over the objections of the governors of those states. The court also pushed back against the administration’s demand that mail in ballots that arrive after election day not be counted.

While Trump lost on the federal reserve, birthright citizenship, and tariffs, he won on the question of racial gerrymandering, a decision that will cost Democrats a half dozen or more congressional seats held by blacks elected officials in the south, and on the ability of the chief executive to fire members of certain independent regulatory agencies.

The split decision nature of this term was evident on the last day when the court ruled in favor of a West Virginia ban on biological boys playing on girls sports teams, a high priority for conservative Republicans and the Trump administration. But then the court also struck down a Trump executive order banning birthright citizenship, the long-established principle under the 14th Amendment that any person born in the U.S. automatically is a citizen. This along with tariffs, and the claimed ability to fire members of the Federal Reserve, were signal issues for the Trump administration.

“For those keeping score, the term was a mixed bag”

Trump even attended oral arguments on the birthright citizenship case in April, the first president ever to attend a Supreme Court hearing.

Even in the case of the firing of Federal Reserve governor Lisa Cook, which seemed to leave open the possibility that the litigation over Cook’s removal might continue in the lower courts, the Supreme Court underscored the need for a Federal Reserve free of political chicanery.

Trump issued a defiant response on Monday, saying that the decision turned on a minor procedural issue and implying it could be easily surmounted. But a careful reading of Chief Justice John Roberts’ majority opinion makes clear that underlying the procedural flaws in Cook’s firing was a much deeper concern about the need for the Fed to remain independent of interference from elected officials.

Roberts spent a good deal of his opinion outlining the long and troubled history of political meddling in US monetary policy, dating back to the revolution. It was President Andrew Jackson, the raging populist of his day and an apparent role model for President Trump, who dismantled the Second Bank of the United States in the early 19th century, that in turn initiated a series of financial panics over many decades. Those were only brought under a modicum of control with the establishment of the Federal Reserve in 1913.

“Monetary policy should not be subject to political interference,” Roberts wrote.

In writing an opinion that pointedly argued for protection for the Federal Reserve from political conniving, Roberts hardly comes across as a reliable political ally of the White House.

Other posts