Politics

/

ArcaMax

Jackie Calmes: The Supreme Court failed the test posed by Trump

Jackie Calmes, Los Angeles Times on

Published in Op Eds

Even before President Donald Trump returned to office, the Supreme Court had further empowered him like no president before, by agreeing two years ago in Trump vs. United States that presidents have near-absolute immunity from criminal liability for acts in office. Perhaps it's this shiny new stay-out-of-jail-free card that's emboldened Trump 2.0 to act so brazenly in his own interest that he netted $2.2 billion just in his first year — nearly quadruple the year before, according to his financial-disclosure report released on Tuesday.

And all the while, in 2025 the Supreme Court continued adding to Trump's bank of powers. Many of his legal wins were only temporary, but the trend was clear. When the justices' just-ended term opened last October, I wrote in trepidation that not since the pre-Civil War years had a Supreme Court been so wrong for its moment in history.

Sometimes I hate to be right.

In the 1800s, the threat to the republic was slavery. These days the danger is a lawless, power-drunk president defiant in unprecedented ways toward the other, supposedly coequal branches of power, Congress and the judiciary. The court's 2025-2026 term was a test, I said last fall, and one I feared the court would fail, given its predilection for presidential power — the once-fringe unitary executive theory — and thinly veiled Republican partisanship.

It did fail. And the justices' stunning complicity with Trump in blurring the separation of powers and menacing democracy demands a response from Congress and voters.

The court conservatives, unlike many brave lower-court judges named by presidents of both parties, seem willfully obtuse about Trump's autocratic impulses. This is a president who two weeks ago told Axios "there are no limits" to his power, echoing his boast in January to the New York Times that only "one thing" constrained his power globally: "My own morality. My own mind. It's the only thing that can stop me."

But for notable exceptions — the justices' rulings that curbed Trump's tariff power, upheld the Constitution's birthright citizenship clause, blocked his bid to overrule states' election laws or fire a Federal Reserve governor — the court has mostly inflated this would-be king's power, blithely trashing longheld court precedents in the process. Besides often siding with Trump in his appeals, the court has favored him in 25 of the 31 cases challenging his actions in his second term, according to Erwin Chemerinsky, dean of the UC Berkeley Law School.

In typical fashion, the court saved the worst for the last days. On Monday, the six Republican appointees in Trump vs. Slaughter overruled a 90-year-old precedent and enabled Trump and future presidents to fire at will officials in federal agencies that were created by Congress to be independent and insulated from the political winds of changing administrations. The alternative — and Trump's ideal — is a return to the 19th-century spoils system, with jobs doled out to flunkies, friends and family. Expertise and institutional memory are sacked.

Thus the Slaughter decision — somehow the name seems apt — promises to be one of the most impactful ever in (re)shaping the government, and not in a good way. It further elevates presidents over Congress, and all but certainly leaves the public less protected from unsafe products, water, food and drugs, environmental damage, financial abuses and more that the agencies were created to police without political interference.

You don't have to believe me. Or the three dissenting liberal justices who warned, as Justice Sonia Sotomayor put it, that Slaughter's result "is a president who emerges with far greater power than ever before." Take it from Trump.

In a series of social media posts after the decision, he exulted that "90 years of precedent has been COMPLETELY AND UNEQUIVOCALLY OVERRULED, greatly increasing Presidential Power at a time when it is most needed!" It was, he repeated, "the Greatest Increase in Presidential Power in the last 100 years." Finally, "It is an Honor to be the sitting President" who won the case.

And it's our misfortune.

 

In two decisions last week, the court's six conservative justices also empowered Trump to continue his cruel crackdown on immigration — one that a majority of Americans opposes, polls consistently show, including Trump voters.

The court allowed Trump to yank the humanitarian legal status from hundreds of thousands of Haitians and Syrians who fled disasters, war and violence in their countries — and, by extension, of hundreds of thousands more people from other countries — and to deport them. And the court greatly restricted asylum in the United States, with a mean-spirited ruling (by Justice Samuel A. Alito Jr., natch) requiring those seeking refuge at the southern border to be on the U.S. side, yet allowing U.S. agents to physically prevent asylum-seekers from crossing over to apply, as federal and international law hold.

Even when the Supreme Court disfavored Trump, it showed its ideological and incoherent colors. Though it allowed him to fire independent agency officials without cause, it made an exception for the Federal Reserve in a separate case. Upsetting consumers is OK apparently, but not Wall Street. And the court should have settled the birthright citizenship case against Trump long ago, as many lower-court judges sought to do. His first-day executive order repealing birthright citizenship plainly violated the Constitution, federal law and court precedent — and yet the justices strung out the case and only this week decided on the constitutionality of birthright citizenship by just a 5-4 vote.

A counterreaction to Trump and the Supreme Court is coming, I believe. By laws and lawsuits, Congress must begin taking back its constitutional powers over spending, war-making, appointments and more. Sure, that's unlikely in this Republican-run Congress and under Trump, but the effort could begin if voters give Democrats a majority in November.

And Congress could pass laws to reform the Supreme Court, ideally backed by a popular movement. I don't favor enlarging it, but term limits for justices should be doable even in this polarized environment.

Just as with the pro-slavery Supreme Court of old, this court's and this president's trespasses can be remedied as the founders intended — by Congress and us voters.

____

Bluesky: @jackiecalmes

Threads: @jkcalmes

X: @jackiekcalmes

____


©2026 Los Angeles Times. Visit at latimes.com. Distributed by Tribune Content Agency, LLC.

 

Comments

blog comments powered by Disqus

 

Related Channels

The ACLU

ACLU

By The ACLU
Amy Goodman

Amy Goodman

By Amy Goodman
Armstrong Williams

Armstrong Williams

By Armstrong Williams
Austin Bay

Austin Bay

By Austin Bay
Ben Shapiro

Ben Shapiro

By Ben Shapiro
Betsy McCaughey

Betsy McCaughey

By Betsy McCaughey
Bill Press

Bill Press

By Bill Press
Bonnie Jean Feldkamp

Bonnie Jean Feldkamp

By Bonnie Jean Feldkamp
Cal Thomas

Cal Thomas

By Cal Thomas
Clarence Page

Clarence Page

By Clarence Page
Danny Tyree

Danny Tyree

By Danny Tyree
David Harsanyi

David Harsanyi

By David Harsanyi
Debra Saunders

Debra Saunders

By Debra Saunders
Dennis Prager

Dennis Prager

By Dennis Prager
Dick Polman

Dick Polman

By Dick Polman
Erick Erickson

Erick Erickson

By Erick Erickson
Froma Harrop

Froma Harrop

By Froma Harrop
Jacob Sullum

Jacob Sullum

By Jacob Sullum
Jamie Stiehm

Jamie Stiehm

By Jamie Stiehm
Jeff Robbins

Jeff Robbins

By Jeff Robbins
Jessica Johnson

Jessica Johnson

By Jessica Johnson
Jim Hightower

Jim Hightower

By Jim Hightower
Joe Conason

Joe Conason

By Joe Conason
John Stossel

John Stossel

By John Stossel
Josh Hammer

Josh Hammer

By Josh Hammer
Judge Andrew P. Napolitano

Judge Andrew Napolitano

By Judge Andrew P. Napolitano
Laura Hollis

Laura Hollis

By Laura Hollis
Marc Munroe Dion

Marc Munroe Dion

By Marc Munroe Dion
Michael Barone

Michael Barone

By Michael Barone
Mona Charen

Mona Charen

By Mona Charen
Rachel Marsden

Rachel Marsden

By Rachel Marsden
Rich Lowry

Rich Lowry

By Rich Lowry
Robert B. Reich

Robert B. Reich

By Robert B. Reich
Ruben Navarrett Jr.

Ruben Navarrett Jr

By Ruben Navarrett Jr.
Ruth Marcus

Ruth Marcus

By Ruth Marcus
S.E. Cupp

S.E. Cupp

By S.E. Cupp
Salena Zito

Salena Zito

By Salena Zito
Star Parker

Star Parker

By Star Parker
Stephen Moore

Stephen Moore

By Stephen Moore
Susan Estrich

Susan Estrich

By Susan Estrich
Ted Rall

Ted Rall

By Ted Rall
Terence P. Jeffrey

Terence P. Jeffrey

By Terence P. Jeffrey
Tim Graham

Tim Graham

By Tim Graham
Tom Purcell

Tom Purcell

By Tom Purcell
Veronique de Rugy

Veronique de Rugy

By Veronique de Rugy
Victor Joecks

Victor Joecks

By Victor Joecks
Wayne Allyn Root

Wayne Allyn Root

By Wayne Allyn Root

Comics

Michael Ramirez Walt Handelsman Bart van Leeuwen David Horsey Gary McCoy Kirk Walters