{"id":7429,"date":"2026-07-28T10:06:59","date_gmt":"2026-07-28T10:06:59","guid":{"rendered":"https:\/\/relocationtimess.com\/?p=7429"},"modified":"2026-07-28T10:06:59","modified_gmt":"2026-07-28T10:06:59","slug":"john-roberts-is-trying-to-send-a-message-on-trump-but-is-largely-in-lockstep","status":"publish","type":"post","link":"https:\/\/relocationtimess.com\/?p=7429","title":{"rendered":"John Roberts is trying to send a message on Trump but is largely in lockstep"},"content":{"rendered":"
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\n At the annual Supreme Court Historical Society dinner in June, Chief Justice John Roberts opened with a customary toast to the president of the United States.\n <\/p>

Read more \u2018He\u2019s irreplaceable\u2019: How Lindsey Graham made an indelible mark on foreign policy and Trump<\/a><\/p>\n

\n In past years, the dinner ritual held in the court\u2019s marble-columned Great Hall occurred without any disclaimer. But this year, the executive director of the Historical Society rose first to explain that the toast was part of a historic tradition, carried out through the decades for all who inhabit the White House.\n <\/p>\n

\n Only then did Roberts raise his glass and say, \u201cTo the president of the United States.\u201d\n <\/p>\n

\n In the decade since Donald Trump was first elected, the judiciary has been roiled by tensions with the president. At the same time, the Supreme Court has demolished guardrails on the presidency, benefiting Trump in significant ways.\n <\/p>\n

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\n The court, steered today by a conservative supermajority, gave Trump substantial from criminal prosecution. It curtailed lower court judges\u2019 power to issue nationwide injunctions against potentially unlawful policies. And it allowed Trump to bar foreigners from this country when his action reflected some religious animus, as during his first term, or , as more recently.\n <\/p>\n

\n Just last month, it to fire the heads of independent agencies such as those overseeing workers\u2019 rights, consumer protection, and nuclear regulation.\n <\/p>\n

\n Roberts has attempted to stress that the Supreme Court is empowering the presidency, not this particular president and has tried to counter any narrative that the bench is under the sway of Trump.\n <\/p>\n

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\nAt least 77 court rulings concerning Trump\u2019s second term include sharp criticism from judges<\/span>\n<\/p>\n<\/div>\n<\/section>\n<\/div>\n

\n Even early on, when the court upheld Trump\u2019s travel ban affecting certain majority-Muslim countries in 2018, despite Trump\u2019s comments against Muslims, Roberts declared from the bench that, \u201cThe entry suspension at issue here is an act that could have been taken by any other president.\u201d\n <\/p>\n

\n And last month, when Roberts issued the opinion providing new power to fire independent regulators, favoring the Trump position, Roberts delivered a separate decision blocking Trump from immediately removing , a governor on the Federal Reserve.\n <\/p>\n

\n Breaking from usual court procedures, the two opinions, one giving Trump a win, one a loss, were published simultaneously on the court\u2019s website. In the press room, the distributed opinions were held together by a rubber band \u2014 another conspicuous move to ensure that one was not read without the other.\n <\/p>\n

\n The message went beyond protection for the Federal Reserve, which the country\u2019s financial markets had been watching. The first opinion, subjecting most independent agencies to the president\u2019s new firing power, had already suggested the Fed would be exempt because of its \u201cdistinct historical tradition.\u201d In a involving independent-agency removals, the court similarly referred to the \u201cuniquely structured, quasi-private\u201d Federal Reserve.. The pairing appeared to be a way to highlight Roberts\u2019 message of independence.\n <\/p>\n

\n That has been a theme of his public comments, too.\n <\/p>\n

\n \u201cThe people on the court were appointed by five different presidents,\u201d Roberts said when he appeared at Rice University in March. \u201cThe notion that we carry forward the views of the people that appointed us is absurd.\u201d\n <\/p>\n

\n As an illustration of the separation between the executive branch and judiciary, Roberts referred to his experience in 2005 when named by President George W. Bush: \u201cSecret Service people had protected me during the nomination. Once I had been confirmed and taken the oath, it\u2019s in the White House, you walk out the door, it\u2019s the Supreme Court police, right there, no more Secret Service. \u2026. The idea that I\u2019m carrying out, or that they\u2019re carrying out, some different agendas, is really fallacious.\u201d\n <\/p>\n

\n Trump and the court don\u2019t adhere to precedent\n<\/h2>\n

\n A tendency exists to assess the Supreme Court by each of its annual terms. But a look at the court through the continuum of its Trump-related cases offers a fuller picture of the America-changing pattern underway.\n <\/p>\n

\n The conservative court majority has largely aligned with Trump to embolden the presidency and transform social policy, as the court has fulfilled its own priorities.\n <\/p>\n

\n The Roberts Court has, for example, long sought to bolster executive power and eliminate racial remedies for discrimination in voting and higher education. One of the most consequential decisions of the recent term significant Voting Rights Act protections for Blacks and Latinos as state legislatures draw new congressional districts.\n <\/p>\n

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\nUS Supreme Court justices Amy Coney Barrett and Elena Kagan testify before a House Appropriations Financial Services and General Government Subcommittee hearing on the Supreme Court’s annual budget request to Congress on Capitol Hill in Washington, DC, on July 14.<\/span>\n<\/div>\n
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\n Vanderbilt Law professor Brian Fitzpatrick, who has backed the new direction on racial policy, said the justices are acting independently of Trump yet nonetheless in sync with him.\n <\/p>\n

\n \u201cThe one thing that I think is especially apparent about the current court, compared to past courts, is they are not as keen on stare decisis,\u201d Fitzpatrick said referring to the traditional adherence to precedent.\n <\/p>\n

\n \u201cThis lines up very well with the president, because the president has no regard whatsoever for protocol,\u201d Fitzpatrick said. \u201cAnd he will just try anything if he thinks it\u2019s the right thing to do. So, you have a president who is willing to try anything. And you have a court that says, we want to get the right answer, we\u2019re not as interested in following the wrong answers as we used to be. Those two things do line up in a lot of cases in the same direction.\u201d\n <\/p>\n

\n Within the marble walls, the Trump effect has stoked tensions among individual justices, who increasingly air their differences in public. While the liberal justices have called out Trump\u2019s transgressions, including on his anti-immigrant agenda, conservatives have turned away from them.\n <\/p>\n

\n That happened in the recent allowing Trump to end \u201ctemporary protected status\u201d for Haitians in the US who had fled turmoil in their home country. Trump had earlier disparaged Haiti, calling it a \u201cshithole country\u201d and \u201cfilthy, dirty (and) disgusting.\u201d\n <\/p>\n

\n Justice Elena Kagan in a dissent noted that Justice Samuel Alito, writing for the majority, couldn\u2019t bring himself to repeat such language.\n <\/p>\n

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\nSupreme Court Justices Samuel Alito Jr., Clarence Thomas and Brett Kavanaugh and Chief Justice John Roberts look on during inauguration ceremonies in the US Capitol on January 20, 2025, in Washington, DC.<\/span>\n<\/div>\n
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\nThe Supreme Court keeps overturning precedent. It swears that it\u2019s not<\/span>\n<\/p>\n

6 min read<\/div>\n<\/div>\n<\/section>\n<\/div>\n

\n The night before the court heard oral arguments in that case of Mullin v. Doe, the six Republican-appointed conservative justices attended a formal dinner at the White House in honor of King Charles III of the United Kingdom. They went that April evening without the three Democrat-appointed liberals, whom Trump declined to invite.\n <\/p>\n

\n Roberts did not respond to questions from CNN regarding the justices\u2019 attendance at the event.\n <\/p>\n

\n Do Trump\u2019s words matter? Not necessarily\n<\/h2>\n

\n The Supreme Court has put some limits, to be sure, on Trump\u2019s unconventional presidency over the years. The court in 2019 when the administration tried to add a citizenship question to the US Census.\n <\/p>\n

\n This year, in rulings on two of Trump\u2019s most extreme moves, the justices prevented him from and from unwinding centuries of tradition on .\n <\/p>\n

\n Yet there\u2019s no denying that the court began empowering Trump early on. The first legal showdown over a Trump Executive Order started in January 2017, seven days into his presidency, when he issued a travel ban affecting a group of Muslim-majority countries.\n <\/p>\n

\n During his campaign Trump had vowed a \u201ctotal and complete shutdown of Muslims entering the United States.\u201d That vow remained on his website after his election (it was taken down in May 2017). And as lower courts were hearing initial challenges to the ban, Trump warned of \u201ca threat from radical Islamic terrorism.\u201d After an appeals court ruled against the administration in February 2017, Trump wrote on social media, \u201cSEE YOU IN COURT, THE SEUCRITY OF OUR NATION IS AT STAKE!\u201d\n <\/p>\n

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\nInside the fights to maintain TPS status for thousands after the Supreme Court sided with Trump<\/span>\n<\/p>\n

7 min read<\/div>\n<\/div>\n<\/section>\n<\/div>\n

\n When the third version of the travel ban reached the Supreme Court in 2018, Roberts wrote the opinion upholding it, saying \u201cthere is persuasive evidence that the entry suspension has a legitimate grounding in national security concerns, quite apart from any religious hostility\u2026 .\u201d\n <\/p>

Read more The GOP\u2019s 2026 Trump problem, in 2 charts<\/a><\/p>\n

\n The court\u2019s then-four liberals dissented, with Justice Sonia Sotomayor offering a harsh assessment of the majority\u2019s decision. \u201cIt leaves undisturbed a policy first advertised openly and unequivocally as a \u2018total and complete shutdown of Muslims entering the United States\u2019 because the policy now masquerades behind a fa\u00e7ade of national-security concerns,\u201d she wrote.\n <\/p>\n

\n The Trump administration, in the recent case involving temporary protected status for Haitians, cited the Trump v. Hawaii travel ban ruling.\n <\/p>\n

\n \u201cThere, like here, the challengers invoked extrinsic campaign statements and in-office quotes from the President as proof that unconstitutional animus infected official action,\u201d Trump lawyers wrote, adding, \u201cThere, as here, the Executive action was \u2018facially neutral\u2019 and involved \u2018national security.\u2019\u201d\n <\/p>\n

\n The court majority ruled that, as a threshold matter, lower court judges lack the authority to review most challenges to the removal of TPS, as it is known.\n <\/p>\n

\n Regarding the challenge based on an alleged discriminatory purpose, Alito wrote, \u201cNone of the cited statements by either the President or the Secretary (at the Department of Homeland Security) was overtly racial, and in substance all expressed policy views that could rest on race-neutral justifications. For example, one may oppose TPS and favor tighter restrictions on immigration for economic or other reasons that have nothing to do with race.\u201d\n <\/p>\n

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Supreme Court justices make rare appearance before Congress\n <\/div>\n
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Supreme Court justices make rare appearance before Congress<\/div>\n<\/div>\n
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\n Kagan, joined by Sotomayor and Ketanji Brown Jackson, said the conservative justices chose to ignore Trump\u2019s statements.\n <\/p>\n

\n \u201cThe majority claims to see no evidence that race played any role in the Haiti decision,\u201d Kagan wrote. \u201cBut the evidence is there, plain to see, in the President\u2019s statements, which the majority (and for that matter, his own lawyers) cannot even bear to repeat.\u201d\n <\/p>\n

\n Trump\u2019s \u2018conclusive and preclusive\u2019 powers\n<\/h2>\n

\n Justice Clarence Thomas penned a separate opinion in the TPS case that referred to another seminal Supreme Court ruling involving Trump, the decision that gave him substantial immunity from criminal prosecution as he was trying to regain the White House in the 2024 election.\n <\/p>\n

\n Roberts, in that decision, declared an especially broad interpretation of a president\u2019s \u201cconclusive and preclusive\u201d powers, beyond the context of a criminal prosecution.\n <\/p>\n

\n \u201cCongress cannot act on, and courts cannot examine, the President\u2019s actions on subjects within his \u2018conclusive and preclusive\u2019 constitutional authority,\u201d the chief justice .\n <\/p>\n

\n In , Thomas quoted sweeping phrases from that Roberts\u2019 decision and asserted in the TPS dispute over racial animus, \u201c(C)ourts cannot examine the President\u2019s actions on subjects within his conclusive and preclusive constitutional authority, regardless of whether he violates the Constitution in exercising that authority.\u201d\n <\/p>\n

\n Roberts himself has not cited Trump v. US since 2024 as his colleagues have. The decision, which spared Trump trial for election subversion tracing to 2020 and has become something of a blank check for the executive, was arguably Roberts\u2019 most controversial opinion in the last decade. For him, it appears enough that he put it out there, and others have run with it.\n <\/p>\n

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\nTakeaways from the Supreme Court\u2019s decisions expanding Trump\u2019s firing power but preserving Fed for now<\/span>\n<\/p>\n

9 min read<\/div>\n<\/div>\n<\/section>\n<\/div>\n

\n Trump\u2019s lawyers have also repeatedly relied on that 2024 milestone. In the case testing his firing of the heads of independent agencies, including at the Federal Trade Commission, they invoked the \u201cconclusive and preclusive\u201d constitutional authority.\n <\/p>\n

\n \u201cThat conclusive and preclusive removal power includes the authority to remove at will the presidentially appointed heads of multimember administrative agencies, such as the FTC,\u201d Trump lawyers wrote, as they defended his firing of a FTC Democratic appointee, Rebecca Slaughter, before her seven-year term had expired.\n <\/p>\n

\n Roberts, who wrote the opinion in Trump v. Slaughter, emphasized that it is the president \u201cwith whom the buck stops.\u201d He said Slaughter served as Trump\u2019s \u201csubordinate\u201d at the FTC, and he was entitled \u201cto cut her tenure short.\u201d\n <\/p>\n

\n The Roberts majority created an exception in Trump v. Slaughter for the Federal Reserve, because the Central Bank, he wrote, \u201cfollows in the distinct historical tradition of the First and Second Banks of the United States\u2014both of which influenced monetary policy and neither of which were subject to plenary Presidential control.\u201d\n <\/p>\n

\n Explaining the court\u2019s readiness to reverse a 1935 precedent (Humphrey\u2019s Executor v. United States) covering a swath of regulators, Roberts said the case had been effectively undermined by court decisions from 2010 and 2020, which he also penned.\n <\/p>\n

\n \u201cHumphrey\u2019s framework, in short, has not withstood the test of time,\u201d said Roberts, who since his work in the Ronald Reagan administration had sought to enhance executive authority.\n <\/p>\n

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Trump loses Supreme Court battle to end birthright citizenship\n <\/div>\n
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Trump loses Supreme Court battle to end birthright citizenship<\/div>\n<\/div>\n
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\n Public is not on the court\u2019s side\n<\/h2>\n

\n This term, the chief justice was equally confident as he rejected two of Trump\u2019s most radical actions, involving his wide-ranging tariffs on imported goods and his effort to restrict the 14th Amendment guarantee that any child born in the US is automatically a citizen, irrespective of the parents\u2019 immigration status.\n <\/p>\n

\n Detailing the centuries-old American history of birthright citizenship, Roberts concluded, \u201cCitizenship, then and now, was the right to have rights \u2013 to freely participate in our political community We keep that promise today.\u201d\n <\/p>\n

\n That case and the tariff controversy splintered justices on the conservative wing and saw most justices adding their individual views in separate statements.\n <\/p>\n

\n The 6-3 tariff decision produced seven separate statements over 164 pages.\n <\/p>\n

\n The birthright controversy yielded a total of six opinions over 189 pages. The chief justice\u2019s opinion for the majority offered a commanding yet concise review of America\u2019s birthright legacy. In the end, though, he was able to draw only the bare minimum of justices to join him for a majority in Trump v. Barbara: fellow conservative Amy Coney Barrett and liberals Sotomayor, Kagan and Jackson.\n <\/p>\n

\n The case testing what had long been regarded as a fringe notion against birthright citizenship was surprisingly close.\n <\/p>\n

\n Roberts has struggled to persuade colleagues on his right, especially Justices Samuel Alito and Clarence Thomas, who most consistently favor the Trump administration. In the birthright citizenship case, however, Justice Brett Kavanaugh, who often partners with him, made a point of breaking off.\n <\/p>\n

\n Public approval of the Supreme Court has plummeted in recent years. Much of it was fueled by Democratic dissatisfaction.\n <\/p>\n

\n But Gallup in a new poll to be released Tuesday found a steep drop in Republicans\u2019 backing of the court since last year. Gallup speculated that might be traced to the tariff and birthright citizenship decisions. Overall, Gallup said Americans\u2019 approval of the court has fallen to a record low of 33%, from 39% last year, and \u2014 since 2000, the year of Gallup\u2019s initial reading \u2014 62%.\n <\/p>\n

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\nFired FTC commissioner speaks to OutFront as Trump touts Supreme Court \u2018big win\u2019: \u2018we should be worried\u2019<\/span>\n<\/p>\n

\n\n<\/svg>\n<\/span>\n 3:50\n <\/div>\n<\/div>\n<\/section>\n<\/div>\n

\n In the birthright citizenship case, the chief justice likely wanted a stronger majority and more forceful public signal on this Trump challenge. Still, with five votes, he got what he needed.\n <\/p>\n

\n After he read a brief oral summary of the ruling from the courtroom bench on June 30, he looked relieved. His final remarks of the sitting, recognizing retiring staffers, were lighthearted.\n <\/p>\n

\n The decision in the birthright case closed out a turbulent 2025-26 session, in the second year of Trump\u2019s second presidency.\n <\/p>

Read more Kentucky Gov. Andy Beshear\u2019s message to Sen. Mitch McConnell: Disclose more about health or resign<\/a><\/p>\n

\n Two more years to go.\n <\/p>\n<\/div>\n<\/div>","protected":false},"excerpt":{"rendered":"

At the annual Supreme Court Historical Society dinner in June, Chief Justice John Roberts opened with a customary toast to the president of the United States.<\/p>\n","protected":false},"author":1,"featured_media":4506,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[],"class_list":["post-7429","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-politics"],"yoast_head":"\nJohn Roberts is trying to send a message on Trump but is largely in lockstep - Relocation Times<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/relocationtimess.com\/?p=7429\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"John Roberts is trying to send a message on Trump but is largely in lockstep - 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