Over and over, challengers have tried to block Trump’s agenda in court. And, over and over, the president has asked the Supreme Court for emergency permission to carry out his policies. Most of the time, the justices (along partisan lines) have sent a message: Go ahead — for the moment. We’ll weigh the legal questions later.
Later is now. The Supreme Court term that begins today could hold generational consequences. “It’s hard to imagine bigger tests of presidential power,” says one lawyer who appears frequently before the justices. While the court holds arguments for roughly 60 cases over the course of its term on a wide range of topics, the main action is about what the president can do.
The docket we know
The court has already agreed to hear several cases on presidential power.
Tariffs. In November, the justices will consider whether the administration can tax imports by invoking a 1970s-era emergency law. The International Emergency Economic Powers Act, or IEEPA, has typically been used to impose sanctions and embargoes against other nations. It does not mention the word “tariff.”
Independent agencies. In December, the court will examine whether Trump can fire a Democratic leader of the Federal Trade Commission. The case revisits a 90-year-old precedent that says Congress can protect independent regulators from being removed solely over policy disagreements.
The Fed. Can Trump fire Lisa Cook, the Federal Reserve governor who he says committed mortgage fraud? The Fed is independent so that the central bank can make economic decisions apart from political pressures, but the president can fire its leaders for cause. Does he have cause? Cook has not been charged with a crime, and her lawyers say the allegations are flimsy.
The docket to come
Then there are cases the justices have not yet accepted — but will probably have to decide, eventually.
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