Overview

• The editorial criticizes the Court’s recent deference to the executive through emergency stays that let contested policies take effect during litigation.
• It highlights last year’s 6-3 ruling granting presidents absolute immunity for official acts as a blow to accountability and judicial legitimacy.
• It flags pending cases on removal power, including Trump v. Slaughter over an FTC firing and Trump v. Cook on dismissing a Federal Reserve governor.
• It notes expedited challenges to Trump’s use of the International Emergency Economic Powers Act for sweeping tariffs, including Learning Resources Inc. v. Trump and Trump v. V.O.S. Selections.
• It warns the term may also bring fights over ending birthright citizenship and use of the Alien Enemies Act as broader tests of constitutional limits on the presidency.