As the New Term Kicks Off, the Conservative Supreme Court Majority is Poised to Keep Rubber Stamping Trump’s Anti-Constitutional Agenda

To: Interested Parties

From: Tony Carrk, Executive Director, Accountable.US

Date: October 2, 2025

Re: As the New Term Kicks Off, the Conservative Supreme Court Majority is Poised to Keep Rubber Stamping Trump’s Anti-Constitutional Agenda

On Monday, the Supreme Court will begin its new term. On the docket will be a number of cases which directly impact the future of President Donald Trump’s lawless agenda – from his ability to unilaterally impose costly tariffs to politically-motivated firings. But if the Court’s recent record is any indication, the rightwing majority cannot be relied upon to serve as a check on the Executive branch.

Throughout the first 9 months of Trump’s second term, the conservative majority on the Supreme Court regularly abetted President Trump’s unlawful power grab and indulged his anti-constitutional impulses, which has enriched himself, his family, and his wealthy allies at the expense of everyday Americans while eroding our rights, freedoms and protections. 

The Supreme Court has established a concerning trend of complicity and deference to Trump, particularly through unexplained shadow docket decisions. It explains why Gallup polling shows that 43% of Americans say the court is too conservative – hitting a new high. It must own up to why conservative justices are complicit in the actions of a lawless President, and stop putting a thumb on the scale in favor of a presidential power grab. 

Abusing the Shadow Docket to Rubber Stamp Trump’s Special-Interest First Agenda

Since retaking office, the Supreme Court’s emergency docket — also known as the shadow docket because of its diminished public transparency — has been a vehicle for the conservative-controlled court to greenlight Trump’s lawless actions. As federal judges from across the ideological spectrum block a number of Trump’s illegal and undemocratic actions like dismantling the Department of Education and firing of commissioners of independent agencies, the Supreme Court has used the shadow docket to overturn those decisions with little to no explanation to the American people.  

As the Brennan Center, citing Georgetown law professor Steve Vladeck found: “In the first 20 weeks of Trump’s second term, the administration sought emergency action by the Court 19 times — the same number of requests made by the Biden administration over four years […] And the Court has sided with the administration nearly every time.”

The problem is clear: the highest court in the land has permitted Trump’s most unlawful and extreme actions to proceed, often without proper legal analysis or meaningful justification. And while the shadow docket often does not totally resolve the issues in a case, the decisions can have lasting ramifications for the rights of Americans. 

On the Docket: A Power Grab for Trump

This Term, the Court is slated to hear a range of cases assessing the legality of Trump’s rogue agenda, which will have major consequences for Americans. On the upcoming docket, there are several cases that could directly impact Americans’ wallets, safety, and freedom, including:

• Learning Resources, Inc. v. Trump, which will decide whether the President can unilaterally impose tariffs in violation of federal statutes and in circumvention of Congress; 
• Trump v. Slaughter, which will decide whether the President can fire heads of independent federal agencies without cause; 
• Bost v. Illinois State Board of Elections, which is being litigated by a Trump-aligned group, Judicial Watch, and would make it easier for political candidates to challenge state election laws that facilitate  voting, like mail-in balloting; and
• Trump v. Cook, which will determine whether Trump can fire members of the Federal Reserve without cause. 

As the year unfolds, in light of the Administration’s constant barrage of unlawful policies, the Court may docket even more cases. The Trump administration has already sought expedited review from the Supreme Court about its flagrantly unconstitutional attempt to end birthright citizenship.

Altogether, these cases present a range of opportunities for the Supreme Court to accelerate the President’s agenda, while potentially harming Americans’ economic well-being. Already, Trump’s tariffs are costing households on average $2,400 this year, according to the Yale Budget Lab, with prices for everything from housing to prescription drugs and groceries skyrocketing.  

These new cases come on the heels of the Court’s decision in Trump v. United States last year, which granted Trump broad immunity for unchecked abuses of power at the highest levels of government. This considerable expansion of presidential power arguably emboldened him to take even more extreme, accelerated actions. 

At the very least, if the conservative-controlled Court continues to allow Trump to flood the shadow docket, then the Court should allow a normal, adversarial process to play out in the light of day, on an expedited basis, and must fully explain their reasoning to the American people.

The bottom line: In the past nine months, the conservative-controlled Supreme Court has repeatedly approved of Trump’s worst impulses which are not only unconstitutional but anti-constitutional. As a result, the Court’s complicity in Trump’s power grab means the President is able to enrich himself, his family, and special interests – at the expense of working families. As the Court’s new term kicks off, all eyes will be on its conservative majority to show that they’re capable of standing up for our rights, freedoms, and the Constitution, or they will further risk undermining their legitimacy and waning trust among the American public.  

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