The 2025-26 Supreme Court docket is poised to reshape presidential power

The Supreme Court has greatly expanded executive power in recent years

In Trump v. United States, the court ruled that a former president enjoys absolute immunity for "official acts" in his constitutional core powers. In Trump v. CASA, Inc., the court limited federal courts' ability to block executive enforcement through nationwide injunctions—decisions that shifted power toward the executive branch.

The Supreme Court limited federal judges' power to issue nationwide injunctions in 2025

In a 2025 decision arising from litigation over a presidential order on birthright citizenship, the Supreme Court held that individual federal judges may not nationwide block executive policies—curbing the use of sweeping injunctions and reshaping how constitutional challenges proceed through the courts.

The Supreme Court term runs from October to June

The Supreme Court of the United States begins each term on the first Monday in October, alternating two-week sittings and recesses, hearing arguments mainly on Mondays through Wednesdays, and deciding which of thousands of petitions will receive full review.

A court designed to be the least powerful branch of government became one of the most influential institutions in America.

Experts believe a Supreme Court ruling on birthright citizenship is likely in 2026

In September 2025, the Trump administration asked the Supreme Court to review lower court rulings striking down its executive order on birthright citizenship. If the court takes the case, a decision is expected by mid-2026.

Explore the most impactful Supreme Court cases in US history

Browse by constitutional topic to explore key rulings, their historical impact, and the legal principles they established. Each case includes a summary of the decision, along with notable excerpts from majority and dissenting opinions.

See who appointed the Supreme Court's 116 throughout its history.

Court-packing is the attempt to change the number of Supreme Court justices to shift the balance

Because the Constitution leaves the court's size to Congress, presidents have periodically sought to expand or reshape it. This explainer examines past efforts—including Franklin D. Roosevelt's failed 1937 plan—and why court-packing remains so controversial.

Watch scholars debate Supreme Court term limits

In a debate from 2017, legal scholars from across the political spectrum spar over whether justices should serve fixed terms. The discussion highlights bipartisan concerns about judicial independence, accountability, and the risks of lifetime tenure.

The powers of the judicial branch have expanded since the nation's founding

Initially, the Supreme Court was seen as the weakest branch, lacking "the power of the sword or the purse," as Alexander Hamilton noted in *Federalist No. 78*. This podcast explores the political conflicts and pivotal decisions that transformed the court into the powerful constitutional authority it is today.

Courts have blocked the Trump administration's 2025 executive order limiting birthright citizenship

In June 2025, the Supreme Court declined to rule on the constitutionality of the order. Since then, two federal appellate courts have found the order unconstitutional, halting its enforcement nationwide.

The Supreme Court has never definitively settled federal war powers

Despite more than two centuries of conflict over war powers, the Supreme Court has consistently avoided defining the precise boundary between congressional and executive authority, leaving that boundary to be contested by the political branches.

The Supreme Court ruled in February 2026 that Trump's emergency tariff powers didn't extend to imposing tariffs

In a 6-3 decision, the court held that the International Emergency Economic Powers Act—a 1977 law granting the president authority to regulate commerce during national emergencies—does not authorise the president to unilaterally impose tariffs, a power the Constitution reserves to Congress.

Explore the nearly 1,000 laws, regulations, and provisions the court has held unconstitutional since Marbury v. Madison

Over more than two centuries, the Supreme Court has struck down nearly 1,000 federal, state, and local measures—exercising its authority to invalidate laws that conflict with the Constitution and shaping civil rights, the separation of powers, and the scope of government authority.

John Marshall strengthened the Supreme Court and national authority

As chief justice, John Marshall established the principle of judicial review. He reinforced federal supremacy in key cases, defining the Supreme Court as a powerful arbiter between states and the national government under the US federal system.

Marbury v. Madison also has implications for presidential power and transitions

This podcast episode explores how Marbury v. Madison extends beyond judicial review, examining its implications for presidential authority, administrative control, and the tensions that arise during transitions of power between outgoing and incoming administrations.

John Marshall advanced federal supremacy and judicial review

Marshall's jurisprudence emphasized that the Constitution is the supreme law of the land, enforceable by an independent judiciary. Through his court's decisions, he affirmed judicial review, broad implied powers for Congress, and federal authority to override conflicting state laws.

The Supreme Court curbed the EPA's power to regulate carbon emissions in 2022

In West Virginia v. EPA, the Supreme Court ruled 6-3 that the EPA exceeded its authority by requiring industrywide carbon cuts. Chief Justice Roberts' opinion invoked the "major questions" doctrine, which limits the ability of federal agencies to act without explicit congressional approval.

A single 1803 Supreme Court case, Marbury v. Madison, gave courts the power to strike down acts of Congress.

The power and influence of the American presidency have expanded significantly over time—far beyond what the founders envisioned.

Supreme Court justices serve for life

The Constitution grants Supreme Court justices lifetime appointments to shield them from electoral politics and outside pressure, a design meant to preserve judicial independence but now widely debated due to longer lifespans and partisan balances of the court.

The separation of powers is a pivotal component of the US Constitution

Explore how the three branches interact through the Supreme Court case of US v. Alvarez. The Supreme Court first struck down a law, then Congress and the president later revised it—illustrating how judicial review can reshape legislation and executive action.

A majority of Americans think President Trump is using more power than previous presidents

An October 2025 Pew Research Center survey found that 69% of Americans believed President Trump was trying to exert more power than previous presidents. Most Democrats viewed it negatively, while about half of Republicans said it was good for the country.

Marshall used deft political maneuvering to increase the court's power in Marbury v. Madison

This podcast explores how Chief Justice John Marshall avoided a direct clash with President Jefferson by denying William Marbury his commission—while simultaneously declaring that courts can strike down unconstitutional laws—cementing judicial review, and expanding the Supreme Court's authority.

President Trump has changed decades-long norms for the DOJ during his second term

The Trump administration made changes to ethics oversight, instructed US attorneys to coordinate with the White House, dismissed cases, and overhauled the career hiring process in the Civil Rights division. The administration asserts these changes were justified and aimed to end what they claim as the weaponization of government.

Meet the 9 justices currently serving on the US Supreme Court.

Franklin D. Roosevelt's 1937 court-packing plan sought to expand the Supreme Court—and failed

Frustrated by Supreme Court rulings against the New Deal, Franklin D. Roosevelt proposed expanding the court in 1937. The failed plan triggered fierce backlash and is regarded as the last serious presidential attempt to alter the court's size for ideological ends.

John Marshall presided over more than 1,100 Supreme Court decisions

During his 34-year tenure, the Marshall court issued 1,129 decisions, including 1,042 unanimous rulings. Marshall authored more than 500 majority opinions—over half of the court's total output during his tenure as chief justice.

Marbury v. Madison established the Supreme Court's power of judicial review

The 1803 ruling empowered courts to strike down laws that violate the Constitution, permanently expanding the Supreme Court's authority and cementing its role as a coequal branch. This video explains the case and its lasting impact.

Courts referee federalism disputes between Congress and the states

Modern federalism is primarily worked out through litigation. The Supreme Court decides disputes in written opinions that explain when federal law preempts state authority, how far Congress's powers extend, and when states may resist.

Youngstown Sheet & Tube Co. v. Sawyer established the framework courts use to evaluate presidential war powers

When Truman seized US steel mills during the Korean War, the Supreme Court ruled that he had overstepped his authority. Justice Jackson's concurring opinion held that presidential power is strongest when Congress authorizes action, uncertain when Congress is silent, and weakest when Congress explicitly refuses authorization.

A legal scholar argues that the existing war powers framework may collapse in the event of a major power conflict

The legal tests presidents have used to avoid seeking congressional authorization were designed for weaker adversaries. This piece argues that those tests fail against similarly armed competitors, where even limited strikes risk significant escalation, potentially triggering a constitutional crisis over who has the authority to respond.

Watch 2 Supreme Court justices debate how the Constitution should be interpreted

In a 2009 conversation, former Justices Antonin Scalia and Stephen G. Breyer lay out competing approaches to constitutional interpretation: Scalia's textualist, strict constructionism versus Breyer's evolutionary view of the Constitution in practice.

In recent decades, Supreme Court nominations have grown increasingly contentious and partisan

This video examines the historical shift from bipartisan, civil confirmation hearings to the deeply divisive process seen today. It focuses on the 1987 nomination of Robert Bork, the most recent nominee to be rejected, as an important moment in this transformation.

The president's powers are defined in Article II of the US Constitution

Article II establishes the presidency, outlining powers to command the military, sign or veto legislation, appoint officials, and conduct diplomacy—many of which are intended to be checked by other branches of government.

The Supreme Court blocked states from setting term limits for Congress

In US Term Limits v. Thornton (1995), the Supreme Court struck down state laws that tried to impose term limits on their congressional delegations. The court ruled such restrictions unconstitutional unless added through a federal amendment.

The Senate must approve top presidential appointments

Under Article II of the Constitution, the United States Senate provides "advice and consent" on presidential nominees. This resource displays the outcome of every Cabinet nomination since Jimmy Carter's presidency and every Supreme Court nomination in US history.

John Marshall inherited a marginal and largely inactive Supreme Court

By 1801, the court had little institutional authority or public standing. Its first three chief justices served only 11 years combined, and in its first decade, the court decided only 63 cases—none of which struck down a federal or state law.

A 2013 Supreme Court case weakened federal oversight of redistricting

In Shelby County v. Holder, the Supreme Court struck down the Voting Rights Act's preclearance formula, reducing federal oversight of voting laws—including redistricting—and allowing changes to take effect without prior approval.

See how a US Supreme Court justice is nominated and confirmed

A president nominates a Supreme Court justice, the Senate Judiciary Committee conducts public hearings and background vetting, and the full Senate debates and votes on confirmation—a process explained step by step in this video.

Take a deep dive into the constitutional foundations of judicial review

In this episode of "This Constitution," the hosts take a law-focused approach to judicial review—examining its roots in Article III and the supremacy clause, its development through Marbury v. Madison, and the ongoing constitutional debates about whether the court's power strengthens or strains American democracy.

Roe v. Wade recognized a constitutional right to abortion until Dobbs v. Jackson Women's Health Organization overturned it

For decades, the Supreme Court shaped abortion access through constitutional rulings, from Roe's recognition of a right to abortion to Dobbs' returning regulatory power to the states. This explainer tracks key cases, impacts, and current justices' views.

Hear leading experts on constitutional law discuss the legacy and impact of Marshall

In this podcast, constitutional scholars Michael Gerhardt (University of North Carolina) and Kevin Walsh (University of Richmond) analyze Marshall's 34-year tenure, assessing his role in establishing judicial review, expanding federal power, and shaping the court's institutional authority.

Explore biographies of every justice who has served on the Supreme Court

This archive traces the whole history of the Supreme Court of the United States through detailed biographies of every justice, outlining their backgrounds, appointments, and the legal eras and decisions they helped shape.

Learn more about the unitary executive theory, a view of presidential power

The unitary executive theory holds that all executive authority rests with the president, giving them direct control over federal agencies. President Trump has invoked this theory to justify consolidating power and directing administrative actions without congressional input.

FDR greatly expanded the authority and size of the executive branch

FDR expanded presidential power through the New Deal, World War II leadership, and direct communication with the public. He redefined the executive branch as an active policymaking force and established expectations for strong, interventionist presidential leadership.

State supreme court justices almost never serve for life

Unlike US Supreme Court justices, 99% of state supreme court justices face term limits, reselection, or mandatory retirement ages. Since 1970, they've averaged 13 years on the bench—half the tenure of their federal counterparts.

Can courts end partisan gerrymandering?

This podcast explored whether courts can rein in partisan map-drawing, focusing on North Carolina's 2023 redistricting battle, the Moore v. Harper case, and the controversial "independent state legislature" theory.

How the Trump administration explained the firing of the NSF's National Science Board

The White House argued that the April 24, 2026, decision resulted from the 2021 US v. Arthrex Supreme Court ruling, which "set limits on the powers of executive branch officials who are not Senate-confirmed" and therefore conflicts with the law that created the NSB. As of May 2026, the administration has yet to explain its next steps for the advisory arm of the National Science Foundation, which has lost about a third of its staff since the start of 2025.

Andrew Jackson reshaped the presidency and expanded executive authority

Andrew Jackson used the veto extensively, removed federal deposits from the national bank, and asserted the president's right to act independently of Congress—shifting the balance of power toward the executive branch.