As President Donald Trump attempts to flex his “executive power muscles,” the checks and balances within the halls of the United States Supreme Court have not been ruling in his favor, according to an analysis from ABC News.
Interviewing several constitutional law experts, Devin Dwyer revealed Chief Justice John Roberts and Justice Amy Coney Barrett are seemingly the voice of reason. Both becoming “decisive figures in forming the majorities” against some of the president’s most controversial issues.
“Chief Justice Roberts and Justice Barrett seem to flip from case-to-case, but there now is a general five member bloc to reverse the lower courts,” Josh Blackman, a constitutional law scholar and professor at the South Texas College of Law said.
Blackman is not the only one with this perspective.
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Hofstra constitutional law professor James Sample told ABC, “The [Court’s] majority takes a cavalier and arguably even callous approach to individual rights, especially relative to aggressively asserted executive power.”
Some of the dissenting rulings include “a 5-4 decision last month, a majority of justices said the Trump administration was compelled to pay out $2 billion in foreign aid funds to nonprofit groups for work already completed. The White House had wanted the aid frozen.”
Another issue where Chief Justice Roberts and Justice Barrett votes mattered most, the Alien Enemies Act. “The Court flatly rejected Trump’s argument that deportations under the law are immune from judicial review and also made clear that due process rights must be guaranteed for migrants.”
There is still more Trump-enabled cases pending for the high court. Including his attempt to “unilaterally end birthright citizenship,” “the power to remove the heads of independent agencies — including the National Labor Relations Board and Merit Systems Protection Board,” and “the termination of transgender service members from the U.S. military.”
“’Constitutional power is a zero-sum game: A significant expansion of executive power means a relative reduction in separation of powers and individual rights,” said Sample of the stakes in the decisions ahead.”