{"id":3560,"date":"2026-07-11T05:06:30","date_gmt":"2026-07-11T05:06:30","guid":{"rendered":"https:\/\/americanmovershub.com\/?p=3560"},"modified":"2026-07-11T05:06:30","modified_gmt":"2026-07-11T05:06:30","slug":"lessons-from-this-supreme-court-term-and-a-look-ahead","status":"publish","type":"post","link":"https:\/\/americanmovershub.com\/?p=3560","title":{"rendered":"Lessons from this Supreme Court term and a look ahead"},"content":{"rendered":"<div>\n<p>The Supreme Court wrapped up its most recent term last week, handing down the final three decisions to cap off their caseload until the next term begins in October. <\/p>\n<p>Read more <a href=\"https:\/\/americanmovershub.com\/?p=3558\">Charlie Kirk\u2019s assassination: Here\u2019s what we learned after a week of court hearings<\/a><\/p>\n<p>Some terms pass without any major decisions or themes. But this year, it\u2019s being described as the \u201cTrump term.\u201d <\/p>\n<p>President Donald Trump, through executive action, brought several cases to the justices for consideration. Many of the president\u2019s most important cases were struck down by the conservative-leaning court. <\/p>\n<p>Additionally, this year, the end of the term looked a little different than in recent years. <\/p>\n<p> has the numbers. Last term, about 15% of rulings were decided along that 6-3 split. This term, about 29% of the cases were decided along those lines. <\/p>\n<p>But while the big, headline-making cases are often decided 6-3, or by similar margins, the number of unanimous cases also increased from last term to 44% of all cases. <\/p>\n<p>Here\u2019s what this term taught us about the court, its relationship with Trump, and impacts on the broader public. <\/p>\n<h3>Court\u2019s complicated relationship with Trump<\/h3>\n<p>Supreme Court expert Sarah Isgur said that the political left and the political right will both look at this term and say Trump won based on the outcome of several big cases. <\/p>\n<p>But the justices handed Trump major losses as well, including in the tariff case, the effort to end birthright citizenship, and his effort to remove Lisa Cook, a member of the Federal Reserve\u2019s Board of Governors. <\/p>\n<p>Still, Trump earned some wins from the court, as they overturned two long-standing precedents. <\/p>\n<p>The court ruled that Trump did have the power to remove Rebecca Slaughter from her position as a commissioner at the Federal Trade Commission, overturning a 1935 precedent, Humphrey\u2019s Executor v. United States. The very next day, the court overturned a 2001 precedent by ending spending limits for political parties working with candidates in a case stemming from Vice President JD Vance. <\/p>\n<p>Experts say that while it\u2019s clear Justices Clarence Thomas and Samuel Alito often agree with the arguments made by the Trump administration, the court is largely made up of \u201cpre-Trump conservatives.\u201d<\/p>\n<p>\u201cI do think that you are dealing with an originalist court by and large, that came up in the pre-Trump world. And it\u2019s really interesting to me how you can take that last term and you can take previous terms and sort of track them onto pre-Trump conservative movement priorities (versus) MAGA priorities,\u201d law commentator David French said at a Supreme Court term wrap-up event. <\/p>\n<p>French pointed to the overturning of Roe v. Wade as a pre-Trump, conservative value that the court agreed with, but in regard to \u201cMAGA legal priorities\u201d like ending birthright citizenship, the court is putting up more resistance. <\/p>\n<p>Thanks to SCOTUSblog\u2019s analysis of the decisions, that point can be proven by visualization of the data.<\/p>\n<p>Justice Amy Coney Barrett still sides with the conservatives more than the liberal justices, but she sided with Justice Elena Kagan 68% of the time and Justice Sonia Sotomayor 65% of the time. Barrett in particular has earned criticism from some of Trump\u2019s biggest supporters for issuing opinions that disagree with arguments made by the administration. Experts see her as a middle marker on the court and increasingly influential in how the court will decide.<\/p>\n<p>The same is true for two other Trump appointees. Justice Neil Gorsuch sided with Kagan and Sotomayor 65% and 62% of the time, respectively. Justice Brett Kavanaugh agreed with each of them 68% of the time. <\/p>\n<p>Chief Justice John Roberts also sided with them in several cases. Roberts, who has held the senior court position since 2005, tends to agree 71% of the time with Kagan. <\/p>\n<h3>Why the ruling in birthright citizenship is more complex than one may think<\/h3>\n<p>Roberts authored the majority opinion in striking down Trump\u2019s executive order seeking to end birthright citizenship. The decision was handed down 5-4 and Roberts was joined by Sotomayor, Kagan, Barrett and Justice Ketanji Brown Jackson. <\/p>\n<p>Kavanaugh concurred in part and dissented in part. Thomas, Gorsuch and Alito filed dissenting opinions. <\/p>\n<p>While experts predicted that the justices would overturn Trump\u2019s order, the way they would decide and who would join either side was up for debate. <\/p>\n<p>Isgur, on her \u201cAdvisory Opinions\u201d podcast with French, said there\u2019s more to the story on how they ruled. <\/p>\n<p>There were the five justices who say the 14th Amendment guarantees and has always guaranteed birthright citizenship to anyone born on American soil, with caveats for the children of diplomats, foreign enemies and a few other exceptions. <\/p>\n<p>Meanwhile, Kavanaugh essentially said he doesn\u2019t believe \u201cthat\u2019s the end of the 14th Amendment,\u201d and there were more exceptions to the amendment, but it doesn\u2019t matter since Congress in 1950 codified birthright citizenship, Isgur explained. <\/p>\n<p>The dissent is where things become interesting. Thomas, in fact, wrote a 91-page dissent explaining his position, the longest of his more than 30 years on the court. <\/p>\n<p>The four justices in the minority weren\u2019t saying that Trump\u2019s order was \u201cgood to go,\u201d she said. Instead, they argue that there\u2019s a difference between a temporary visitor giving birth in the U.S. versus a more permanent visitor and the parents\u2019 desire to remain in the country. <\/p>\n<p>French and Isgur agreed that it\u2019s \u201cactually difficult\u201d to look at the dissents and parse out how many of them actually agreed with Trump\u2019s executive order compared to how many of the four of them just disagreed with the arguments made by the five in the majority. <\/p>\n<p>\u201cSo, I actually think at the end of the day, we do not have a 5-4 on the constitutional question that Trump advances,\u201d French said.<\/p>\n<p>They pointed to Kavanaugh very clearly stating that Trump\u2019s order cannot move forward, bringing the majority more up to 6, and Gorsuch\u2019s argument about temporary versus permanent residents that could bring it up to 7. The 7-2 or 6-3 ruling is largely what experts were predicting, making it necessary to break down why the 5-4 is more complicated than it is at face value. <\/p>\n<p>Read more <a href=\"https:\/\/americanmovershub.com\/?p=3556\">Men\u2019s State Am: Defending champ Bowen Mauss will meet Cameron Crawford in championship match<\/a><\/p>\n<p>No matter if it was any one of those combinations, it still delivered a blow to one of Trump\u2019s key agenda items. He even made history by becoming the first sitting president to attend oral arguments. <\/p>\n<p>After the ruling, he posted online that it was \u201ctoo bad\u201d but he\u2019d seek legislation in Congress. However, days later, he said the ruling was wrong and he\u2019d ask the court for a rehearing. A rehearing requires the losing party to file a petition 25 days after the ruling, and they are extremely rare, with the last rehearing dated back to 1965.<\/p>\n<h3>A much desired summer break <\/h3>\n<p>The justices are now on their summer break period, which seems like it won\u2019t be as busy as last year. <\/p>\n<p>In the summer of 2025, Trump brought several emergency filings to the justices through the emergency docket, also known as the shadow docket. <\/p>\n<p>These rulings have at times been criticized because the decision doesn\u2019t typically include context or reasoning.<\/p>\n<p>Ilya Shapiro, a senior fellow at the Manhattan Institute, told the Deseret News last year that the court is deciding a record low number of cases, but they continued to make headlines both during and well past their term because of the emergency docket. <\/p>\n<p>The Trump administration has increased its use of the emergency docket. The Biden administration filed a total of 19 emergency applications during its four years in office. The Trump administration filed 20 within just the first few months of returning to power in Washington. <\/p>\n<p>Zachary Shemtob, the executive editor at SCOTUSblog, joined David Lat for his podcast \u201cOriginal Jurisdiction\u201d to discuss the end of the term. There, Shemtob said there\u2019s \u201cnot much of anything\u201d sitting on the emergency docket list right now. <\/p>\n<p>There\u2019s only one major case on the emergency or interim dockets, he said, and it\u2019s a case stemming from Texas, asking the court to determine if a state law can require age verification for downloading apps from an app store. Shemtob said there\u2019s a possibility of a challenge to Trump\u2019s East Wing ballroom renovation, too. <\/p>\n<p>\u201cUnlike last year, which was absolutely chock-full of one emergency petition after another from the administration, so far it\u2019s crickets, and I\u2019m sure the Supreme Court is very happy about that,\u201d Shemtob said. <\/p>\n<p>In part, the reduction in emergency docket cases stems from fewer executive actions taken by Trump. <\/p>\n<p>For example, during his first 100 days back in office, from Jan. 20-April 29, 2025, Trump signed 142 executive orders. During that same January-April period in 2026, the president had signed just 33 orders. <\/p>\n<p>Isgur agreed. She predicted that last summer\u2019s emergency docket action was likely going to be the \u201chigh water mark\u201d for the rest of Trump\u2019s term, though she said \u201cwho knows\u201d what the next president could do. <\/p>\n<p>\u201cIt really dominated last summer. We aren\u2019t seeing any of that recently, and I mean, like, for months we haven\u2019t seen it,\u201d Isgur said. \u201cSo, the justices, I know, were feeling overworked based on all the emergencies in the interim docket that they were seeing that it just, like, expanded beyond all possible belief.\u201d <\/p>\n<h3>Wrapping up and a look ahead<\/h3>\n<p>Shapiro, in a column after the term ended, dubbed the court a \u201csmall c conservative court,\u201d but also one with a lot of fluidity. <\/p>\n<p>When looking at the court in a 3-3-3 manner, with Kagan, Jackson and Sotomayor as left-leaning, Thomas, Alito and Gorsuch as more right-leaning, and Roberts, Barrett and Kavanaugh more in the middle, it\u2019s clear that the middle team was in the majority most often, he said. <\/p>\n<p>Roberts and Kavanaugh tied for the most frequencies in the majority, followed by Barrett. <\/p>\n<p>Roberts and Kavanaugh were each in the majority 95% of the time and Barrett was 92% of the time. Roberts and Kavanaugh also agreed and voted together 94% of the time. <\/p>\n<p>Some liberal critics have floated the idea that Kavanaugh is looking to be the next chief justice once Roberts retires. <\/p>\n<p>Speaking of retirements, justices can announce they will be retiring at any point in time, but many have done it once the term is over. With Thomas at 81, Alito at 76 and Roberts at 71, the court\u2019s justices are aging. There were questions swirling about an end-of-term retirement before the midterm elections. <\/p>\n<p>NPR erroneously last week published an article saying Alito was retiring, which he has not made any sort of announcement about. NPR took down the article and admitted the mistake. <\/p>\n<p>So, now the countdown to the October 2026 term begins. <\/p>\n<p>Lat believes and hopes that it will be a more relaxed term, saying he is of the belief that there are on- and off-again busy years. <\/p>\n<p>\u201cIn a self-serving spirit, I think the justices should give all of us commentators a break and maybe have a somewhat sleepier term. And it\u2019s shaping up to be that way so far. There are some big cases, but I don\u2019t think it\u2019s going to be the kind of blockbuster term that October term 2025 was,\u201d Lat said. <\/p>\n<p>Lat said, on a more serious note, he hopes the court could try to \u201ctake the temperature in the room down\u201d for the broader public. Things are difficult because they\u2019re so polarized, he said. <\/p>\n<p>French noted the \u201chorseshoe theory,\u201d where the extremes of either party swing so far one way, they tend to meet up and have the same belief. <\/p>\n<p>\u201cThe far left and the far right are hating this court. They hate this court and they\u2019re hating this court for a very similar reason that they\u2019re not getting everything they want from this court,\u201d French said. \u201cOne of the problems with extremism in this country right now is extremists are not only extreme &#8230; part of the extremism means that they can\u2019t even acknowledge good faith disagreement.\u201d <\/p>\n<p>Shapiro put it best closing out his column, noting that the next term begins the first Monday of October. <\/p>\n<p>Read more <a href=\"https:\/\/americanmovershub.com\/?p=3554\">Opinion: How I failed as a 4-year-old Viking with my Norwegian grandfather<\/a><\/p>\n<p>\u201cFor now, we have all summer to digest what the justices have wrought,\u201d he said. <\/p>\n<div>\n<div>Related<\/div>\n<div>Supreme Court sides with Trump in 2 high-profile immigration cases<\/div>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"<p>The justices are headed on summer break until the next term in October. Here&#8217;s what people have to say about all the big decisions.<\/p>\n","protected":false},"author":1,"featured_media":3559,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[6],"tags":[],"class_list":["post-3560","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-politics"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.6 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Lessons from this Supreme Court term and a look ahead - American Movers Hub<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/americanmovershub.com\/?p=3560\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Lessons from this Supreme Court term and a look ahead - American Movers Hub\" \/>\n<meta property=\"og:description\" content=\"The justices are headed on summer break until the next term in October. 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