President Donald Trump’s aggressive use of executive power in his return to office is heading toward Supreme Court showdowns. Legal scholars note his unprecedented assertions of authority, including efforts to restrict birthright citizenship, withhold congressional funding, and remove independent agency heads.
With a 6-3 conservative majority, including three Trump-appointed justices, the Supreme Court has steadily moved rightward. Harvard Law Professor Mark Tushnet suggests Trump’s administration is betting the court won’t restrain him.
Trump faces multiple lawsuits over hardline immigration policies, federal workforce changes, and efforts to cut government spending. Critics argue these moves infringe on congressional authority. Legal experts, including University of Illinois Chicago’s Steve Schwinn, believe courts may invalidate such actions.
Federal judges have already blocked Trump’s attempt to freeze funding. Boston University’s Robert Tsai predicts the Supreme Court may rule against him, citing separation of powers principles.
Lower courts have also halted Trump’s order narrowing birthright citizenship, which contradicts the 14th Amendment. Most scholars believe the Supreme Court will reject his policy, though some suggest conservative justices might reconsider past rulings.
Trump’s influence on the court was evident last year when a ruling granted former presidents broad immunity for official acts. However, two conservative justices would need to side with liberals to check his power.
While courts have curbed some Trump orders, he may succeed in eliminating diversity, equity, and inclusion policies, according to Berkeley law professor John Yoo. Trump has also declared a national emergency over border security, justifying his expansive view of executive power.
As lawsuits advance, the Supreme Court’s response will shape the limits of Trump’s authority in his second term.
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