Supreme Court weighs Trump powers

- The Supreme Court is nearing the end of its term with a birthright-citizenship ruling still pending after striking down Trump’s tariffs on February 20. (usnews.com) - Trump said on May 21 it would be “a disgrace” if the justices ruled against him in the birthright-citizenship case. (mediaite.com) - The court is expected to issue more decisions before July, including in Trump v. Barbara and other Trump-related disputes. (usnews.com)

The U.S. Supreme Court has already delivered one major rebuke to President Donald Trump this term, striking down his sweeping tariffs on February 20, and it is now preparing to rule on his effort to restrict birthright citizenship. Reuters reported on May 20 that four major Trump-related cases remained pending, with decisions expected by around the end of June. (usnews.com) The birthright-citizenship case, argued on April 1, is one of the most closely watched because it tests both the scope of the 14th Amendment and the reach of Trump’s second-term immigration agenda. (mediaite.com) Trump has also escalated his public criticism of the justices as the ruling approaches. During a May 21 press appearance, he said it would be “a disgrace” if the court ruled against him and called the case “a very big one.” His comments came after he complained about the court’s earlier tariff ruling, which he said could force the government to repay tariff revenue. (usnews.com) ### Which Supreme Court fight is still unresolved? Trump v. Barbara is the pending case over Trump’s executive order seeking to end automatic citizenship for some children born in the United States. Reuters and CBS reported that Trump signed the order on the first day of his second term, directing agencies not to recognize the citizenship of children born in the United States if neither parent is a U.S. citizen or lawful permanent resident. (usnews.com) April 1 oral arguments suggested trouble for the administration. Reuters said several justices appeared skeptical of Trump’s legal position, and SCOTUSblog reported that a majority seemed likely to side against him after more than two hours of arguments. (mediaite.com) ### What is Trump arguing about birthright citizenship? The 14th Amendment says people born in the United States and “subject to the jurisdiction thereof” are citizens, and for more than a century that has been understood to cover nearly everyone born on U.S. soil. SCOTUSblog said the clause was adopted in 1868 and has long been read to confer citizenship subject to only narrow exceptions. (usnews.com) Trump has argued that the amendment was never meant to apply as broadly as courts have long held. On May 21, he said birthright citizenship was intended for the “babies of slaves” and not for what he described as modern immigration cases involving temporary visitors or undocumented immigrants. Mediaite reported those remarks from his White House press comments. (usnews.com) ### Didn’t the court already rule on Trump’s tariffs? Yes. Reuters reported that Trump was “incensed” after the Supreme Court struck down his global tariffs on February 20. Separate legal analyses cited in search results identified the case as Learning Resources, Inc. v. Trump and said the court held that the International Emergency Economic Powers Act did not authorize the president to impose those tariffs, including the April 2, 2025 “Liberation Day” tariffs. (scotusblog.com) That means one of the broadest claims of presidential economic power made by Trump in his second term has already been rejected. Trump linked the two disputes himself on May 21. Mediaite reported that he criticized the tariff ruling before pivoting to the birthright-citizenship case, saying the court had already issued what he called a “terrible tariff decision.” (mediaite.com) ### Why are these cases being grouped together? Reuters grouped the pending disputes because they all test the reach of presidential authority in Trump’s second term. In addition to birthright citizenship, the remaining cases involve Trump’s efforts to fire members of independent agencies and to end protected status for immigrants from Haiti and Syria. Georgia State University law professor Anthony Michael Kreis told Reuters there were likely to be “a series of losses” for the administration even if those losses would be outweighed by wins elsewhere. (usnews.com) The birthright case stands out because it combines constitutional text, immigration policy and Trump’s direct pressure campaign against the court. (mediaite.com) SCOTUSblog reported that every lower court to consider the order had struck it down, while CBS said the directive has never taken effect because judges swiftly blocked it. ### What happens next, and when? The Supreme Court next issues rulings on Thursday, Reuters reported on May 20, and CBS said the justices are expected to release the remaining opinions before the start of July. Trump v. Barbara remains pending, along with other cases involving Trump’s powers over immigration and independent agencies. Any birthright-citizenship ruling would determine whether the executive order can take effect after more than a year of litigation in lower courts. (usnews.com) (scotusblog.com)

Get your own daily briefing

Scout delivers personalized news, insights, and conversations tailored to your role and industry.

Download on the App Store

Shared from Scout - Be the smartest in the room.