The US Supreme Court's latest term has ended with a mixed verdict for former President Donald Trump, but experts warn that beneath the surface, it has significantly bolstered the powers of the presidency. A closely watched ruling upholding birthright citizenship may have tempered expectations of a major Trump victory, yet it conceals a more profound shift towards an expansive view of presidential authority.
While the court's decision to retain birthright citizenship, enshrined in the 14th Amendment, initially appeared to thwart Trump's long-standing aim, a closer examination reveals that it represents only one facet of a broader trend. The Supreme Court has shown an increasing willingness to revisit previously sacrosanct areas of constitutional law, a shift underscored by four conservative justices' – Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh – dissenting opinions on the matter.
Justice Kavanaugh's concurrence in part, which argued that Trump's proposal to deny automatic citizenship to children of undocumented immigrants and temporary foreign residents violated federal law but not the constitution, is a telling indication of this judicial shift. Experts such as Harvard law professor Laurence Tribe suggest it represents a movement of the 'Overton window', redefining what is considered legally thinkable.
The court's decision in Slaughter v Trump, regarding Rebecca Slaughter, a former federal trade commissioner fired by Trump, may be even more significant for the scope of presidential power. The ruling that the president possesses the right to remove the head of any federal government agency at will overturns a 90-year-old precedent limiting such power. Justified by the unitary executive theory – which holds the president should have complete control over the executive branch – this decision has been criticized for paving the way for an 'imperial presidency', where agency heads deemed disloyal can be easily dismissed.
The implications for the US system of checks and balances, envisioned by the constitutional framers, are profound. With a six-to-three conservative-liberal majority, the Supreme Court has, through various rulings, adopted significant aspects of a right-wing Republican program that were once considered distant aspirations. This shift could lead to a future where many previously taken-for-granted constitutional norms and limitations on executive power are increasingly contested, transforming the political landscape in the United States.