As the new Supreme Court term gets underway, we need to reflect on a milestone the Trump Administration achieved last month. By early September, Trump had achieved a perfect 18-0 record before the U.S. Supreme Court this year, a remarkable streak of victories. His solicitor general, John Sauer, achieved major victories, particularly in overturning lower court rulings that limited the President’s authority under Article II. Many of these wins come via emergency applications—often referred to as the “shadow docket”—where cases are decided without oral arguments, and many of these orders were granted by 6-3 margins or larger.
Seven rulings favored the Administration’s efforts to crack down on illegal immigration and deport illegal aliens. Five decisions upheld Trump’s authority over the federal workforce, removing employees deemed unnecessary. Four victories involved eliminating wasteful federal expenditures. Several additional wins included ending transgender military policy and limiting nationwide injunctions issued by district court judges.
Chief Justice Roberts granted a stay concerning a D.C. Circuit ruling blocking a Trump removal of an FTC commissioner—showing respect for executive power. In another instance, the Court stayed a Ninth Circuit decision that prevented Trump’s deportation efforts in Los Angeles County. Justices made clear that “apparent ethnicity” can be one part of reasonable suspicion for immigration enforcement—not a sole basis—but an acceptable factor when combined with other evidence. Also of note: a 2-1 Republican panel in the Fourth Circuit upheld Trump’s authority to lay off probationary employees across various agencies. The dissent came from a Democratic appointee.
These and other court victories have major consequences and reveal a significant trend. They reinforce the hierarchy of the federal court system, reminding lower courts that precedent matters and supremacist judges can’t overstep their bounds simply because of political leanings. As Supreme Court Justice Neil Gorsuch recently noted, the need to intervene frequently in cases “squarely controlled by one of its precedents” shows the problem of lower courts ignoring binding decisions.
With the new Supreme Court term in full swing now, with long conferences and new oral arguments, many more such wins may lie ahead. The Trump Administration’s legal team, from the appellate courts all the way to the High Court, seems positioned to continue turning the tide against flawed judgements from liberal judges.
Activist judges and how to stop them will be a core piece of the discussion at Eagle Council 54! If you’d like to join us on November 1st here in St. Louis, Missouri – visit PhyllisSchlafly.com. Again, that’s Phyllis Schlafly dot com. Thank you and join us next time for the Phyllis Schlafly Report.
This post originally appeared at https://phyllisschlafly.com/constitution/trumps-winning-streak-in-scotus/
Phyllis Schlafly