The John Roberts vs. Donald Trump Story Conceals Something More Sinister |
This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court. The best way to support our work—and unlock exclusive legal analysis—is by joining Slate Plus. (If you are already a member, consider a donation or merch!)
The Supreme Court has entered its final stretch of the term, with about two dozen opinions to hand down before the justices flee for their summer break at the end of June. At Slate, we call this mad dash to the finish line “Opinionpalooza,” and we approach it with equal parts fascination, skepticism, and dread every year. These remaining cases have massive implications for democracy, civil liberties, and the fundamental question of who gets to be an American; they include disputes over birthright citizenship, voting rights, immigration, and executive authority. Many will test Donald Trump’s ability to collapse the separation of powers into an autocratic presidency with no real limits on his rule. The justices will likely impose some restraints on Trump’s supersized monarchical ambitions in the weeks ahead, especially when they threaten judicial supremacy. All told, however, they will still hand him more victories in his larger assault on constitutional constraints. And where the ambitions of the MAGA wing of the court dovetail with Trump’s goals, Trumpism will run the table.
On this week’s episode of Amicus, co-hosts Dahlia Lithwick and Mark Joseph Stern kicked off Opinionpalooza by discussing the court’s dangerous game of enabling the president right up until he imperils its own prerogatives. An excerpt of their conversation, below, has been edited and condensed for clarity.
Dahlia Lithwick: The Supreme Court keeps aligning with Donald Trump on this maximalist view of the imperial presidency, both in front of the curtain and behind it. For every case on the merits docket that gives Trump a big win in public, there are shadow docket cases that do the same in secret. It feels like any appearance of conflict between the president and the court is stage-managed, with lots of invisible wires we don’t always pay attention to.
Mark Joseph Stern: This is one reason why, if the justices do strike down his attack on birthright citizenship, nobody........