Supreme Court Flexes Executive Power, Sets Sights on Major Constitutional Challenges

Listeners, here’s the latest on the US Supreme Court. The justices have returned from their summer recess and are holding what’s called the “long conference,” which is the first major internal meeting of the new term. During this conference, the court reviews around 2,000 cases submitted over the break, and historically, only a small percentage are accepted for full review. This marks the unofficial start of the court’s October term, with more announcements expected as the justices decide which cases they'll take up in the coming year.

One of the most significant recent headlines comes from a Supreme Court decision allowing former President Donald Trump to withhold $4 billion in foreign aid that Congress had already approved. This ruling, which divided the court along ideological lines, gives the president more unilateral control over funds, bypassing the usual process where Congress can weigh in on whether to rescind allocated money. The decision arrives as Washington faces tense negotiations to avoid a government shutdown, putting more power in the executive branch and raising concerns about the constitutional separation of powers.

The Supreme Court has also agreed to revisit the landmark precedent known as Humphrey’s Executor v. United States, a 1935 case that set limits on the president’s ability to fire leaders of independent federal agencies. By agreeing to revisit this decision, the justices could dramatically increase presidential authority over a wide range of federal regulators, potentially transforming how independent agencies like the Federal Trade Commission and Securities and Exchange Commission operate.

In terms of emergency orders, the justices issued several notable rulings over the past few days. One ruling granted a stay in a major legal battle over the president’s power to withhold congressionally approved funds, reinforcing recent moves to increase executive power. Another emergency order addressed post-conviction relief in a death penalty case from Alabama, temporarily blocking the release of a prisoner while the justices review the underlying legal questions. There’s also an ongoing dispute involving Google and Epic Games, where the Supreme Court may soon decide whether to halt a lower court order that would force Google to change how it manages its app marketplace.

Meanwhile, the docket for the coming term is only partially filled, with more cases likely to be added in the weeks ahead. Notably, Ghislaine Maxwell is seeking Supreme Court review of issues related to her prosecution, and there are high-profile challenges involving birthright citizenship and election rules likely to reach the justices before long.

These recent moves highlight a Supreme Court that is once again at the center of power struggles between the legislative and executive branches, while also signaling a willingness to take on big constitutional questions that could reshape key government institutions.

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