Over his tenure, the former United States President, Donald Trump, tested the limits of executive authority through the implementation of far-reaching tariffs, stringent immigration policies, and even an attempted dismissal of a Federal Reserve governor. These decisions are certain to shape the docket of the United States Supreme Court in the upcoming term. ‘The Supreme Court is set to evaluate, ‘Is such a presidential action within his power?”, observes Jessica Levinson, a professor at Loyola Law School. ‘The court will scrutinize each case individually, but they all essentially ask whether Trump’s actions on tariffs, deportations, and removals from executive positions fell within his legal purview.’
In response to a lower court’s most recent decision declaring numerous tariffs illegitimate—purportedly based on an emergency-provision law from 1977—Trump’s administration filed an appeal last Wednesday. The administration is pressing the justices to expedite their examination of the case. The outcomes of this case and others following closely behind will serve as a litmus test for the Supreme Court’s response to the past president’s broad interpretation of his power and his team’s creative attempts to rationalize and enforce that agenda.
The court, dominated by six conservatives against three progressives, has already ruled in favor of the past Republican president’s emergency policy implementations during his second term, despite ongoing challenges in lower jurisdiction courts. The justices, reconvening in September after their summer break usually select between 60 and 70 appeal cases. Between October and June in the upcoming term, the court may rule on decisions resulting from Trump’s expansive assertions of executive authority.
Regarding the far-reaching influence of the executive power, Robert Luther III, a professor at George Mason University Law School, notes, ‘This is – and will remain – a constant legal issue throughout Trump’s second term.’ He queries, ‘And why would Trump not want it that way? The Supreme Court has repeatedly supported his robust claims of presidential authority.’
Amid the backdrop of these discussions, a 7-4 decision was passed on August 29 by the U.S. Court of Appeals for the Federal Circuit. The decision addressed the ‘reciprocal’ tariffs announced in April, along with other tariffs applied in February on China, Canada, and Mexico. This ruling presented the question of whether Trump overextended his powers by invoking the 1977 International Emergency Economic Powers Act to enforce the tariffs—the inaugural use of the law in this context.
Tariffs have emerged as a cornerstone of U.S. foreign policy under Trump, who has consistently used them as political leverage and as a tool for renegotiating trade agreements with export-oriented nations. His decision to modulate U.S. foreign relations using tariffs is mirrored in his approach to immigration policy.
For instance, a federal appeals court based in New Orleans recently determined that it is likely unlawful for Trump to base his deportation of Venezuelan migrants — reportedly associated with gangs — on a law from 1798. This law is traditionally applied solely in times of war. The Alien Enemies Act gives wide-ranging power to the government to arrest and deport nationals of enemy countries during wartime or an ‘invasion or predatory incursion.’
The 5th U.S. Circuit Court of Appeals thwarted the deportation of Venezuelan migrants under the aforementioned act, rejecting the Trump administration’s assertion that a predatory incursion had occurred due to the activities of the Venezuelan gang Tren de Aragua on U.S. soil. The U.S. Supreme Court’s contestation of the Trump administration—albeit limited— has mainly been in this area.
The case of Trump’s attempt to dismiss Lisa Cook from the Federal Reserve Board of Governors – the body responsible for U.S. monetary policy – also puts the expanse of Trump’s authority under the microscope. Cook mounted a quick legal challenge in an attempt to prevent her removal, creating a legal tussle that threatens to ripple across the Fed’s traditionally politically-independent operations.
The Trump administration alleges that Cook, the first Black woman to serve on the Fed board, engaged in mortgage fraud – accusations she firmly denies. Additionally, Cook argues that any supposed misrepresentation on mortgage applications, if they occurred, does not equip the president with the legal basis to remove her, as she claims to have disclosed all relevant information during her 2022 vetting process.
This case promises to have profound ramifications for the longstanding independence of the Federal Reserve from political interference. In addition to this, Trump’s efforts to dismantle diversity initiatives, withhold grants and other funds appropriated by the Congress, and target specific groups of individuals have resulted in numerous lawsuits that are rapidly progressing through the appeals process.
Several of these cases have been heard on an emergency basis by the Supreme Court as the Trump administration countervailed any obstructions to its policies while legal battles continue. Thus far, almost every ruling has been in favor of Trump. Most notably, in May, the court permitted the termination of temporary deportation protections initiated under the Biden administration for hundreds of thousands of Venezuelans, essentially setting aside a district court judge’s ruling against the government.
Following this, a U.S. appeals court based in San Francisco confirmed the lower court’s decision on August 29, setting the stage for further appeal. In June, the court also sustained the Trump administration’s decision to deport migrants to third-party countries, including the politically unstable South Sudan, without providing them with an opportunity to present the potential dangers they could face.
Lastly, Trump’s firing of Democratic members of federal labor boards and the leading consumer product safety watchdog has been upheld by the court, bolstering his authority over federal agencies initially designed to operate independently from presidential control.
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