Supreme Court Can’t Keep Dodging the White House: Noah Feldman

Sept. 4, 2025, 9:30 AM UTC

The Supreme Court has been trying to avoid directly confronting Donald Trump’s blatant challenges to established legal norms. But two cases destined to reach the justices are going to make that very difficult. Both instances involve signature Trump policies that were ruled unlawful by federal appeals courts: his unilateral tariffs, found to exceed his presidential authority, and his use of the Alien Enemies Act to deport alleged Venezuelan gang members.

In each case, the Supreme Court will have to choose between angering Trump by striking down his actions or issuing decisions that effectively endorse his distortions of legal reality. ...

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