The U.S. Supreme Court has critics pointing to how the high court has "utterly failed" and presented "disastrous consequences" for Americans with its right-wing supermajority handing President Donald Trump a series of wins and "acquiescing in and accommodating the president’s lawlessness."
In an opinion piece for The Guardian, journalist Steven Greenhouse outlines how the last 24 decisions from the SCOTUS emergency docket have favored Trump and his policies, which have often been granted without the high court giving any reasons.
"With the court’s new term beginning on Monday, many Americans are dismayed that the conservative justices have been so submissive to Trump, the most authoritarian-minded president in US history. Notwithstanding the US’s celebrated system of checks and balances, the justices have utterly failed to provide the checks on Trump that many legal scholars had expected," Greenhouse writes.
The high court has ceded to Trump and allowed him to roll out cuts to the Department of Education, remove temporary protected status for thousands of immigrants, and fire Federal Trade Commission and National Labor Relations Board members. It also let him stop $4 billion in foreign aid, lay off thousands of federal workers (some who had contractual protections) and deport people to countries where they have never lived.
Chief Justice John Roberts, in particular, has been called out by legal experts.
“The chief justice is presiding over the end of the rule of law in America,” J Michael Luttig said. Luttig is a highly conservative former federal appellate judge.
“The Supreme Court has pulled the rug out from under the lower federal courts, and it has done so deliberately and knowingly,” Luttig said, explaining that the court is “acquiescing in and accommodating the president’s lawlessness.”
Steven Levitsky, co-author of "How Democracies Die" and a political science professor at Harvard, says it's bewildering. It could also be a sign of these majority justices embracing the unitary executive theory.
“If they really believed that Trump was a threat to democracy, they wouldn’t be giving him so much power,” Levitsky said.
He argues that the justices are “scared out of their minds that they will have to play chicken with Trump,” Levitsky said. “The worst thing for them is if the government ignores them and they don’t have any authority. They’re just terrified that Trump will trample on them and undermine their authority. Trump is not someone you want to play chicken with. They’re terrified of a big, high-profile fight with Trump.”