Supreme Court Enters Final Stretch With 23 Cases That Could Reshape Executive Power
The justices are preparing to issue blockbuster rulings on birthright citizenship, presidential authority over independent agencies, and transgender athletes before their summer recess.
By Hailey Scott
The United States Supreme Court has entered its final, frenetic stretch of the judicial term, with the justices racing to finalize opinions on two dozen unresolved appeals before departing for their summer recess at the end of June or early July.[2]
Of the 58 cases argued this term, 23 remain undecided on the merits docket. While the court has already issued major rulings—including striking down President Donald Trump's sweeping worldwide tariffs and weakening the remnants of the 1965 Voting Rights Act—the most consequential constitutional questions of the year are still pending.
The upcoming decisions will serve as a legal crucible for the Trump administration's second-term agenda, testing the outer limits of presidential authority over immigration, the administrative state, and federal regulatory bodies.[1]
Topping the list of historically significant cases is Trump v. Barbara, a direct challenge to the 14th Amendment's guarantee of birthright citizenship. On his first day back in the Oval Office, President Trump signed an executive order barring citizenship for children born on U.S. soil if their parents entered the country illegally or were residing on temporary visas.[3]
Lower courts swiftly blocked the directive, declaring it blatantly unconstitutional. The administration argues that the 14th Amendment's phrase "subject to the jurisdiction thereof" does not apply to the children of undocumented immigrants or temporary residents.[3]
If the Supreme Court upholds the executive order, it would upend more than a century of settled legal understanding, dating back to the landmark 1898 Wong Kim Ark decision, which established that nearly all people born on U.S. soil are automatically American citizens.[3]
Equally consequential to the structure of the federal government is Trump v. Slaughter, a case that could dismantle the independence of federal regulatory agencies. The dispute centers on President Trump's decision to fire Federal Trade Commissioner Rebecca Slaughter, whom he had originally appointed during his first term.[2]
For nearly 90 years, the Supreme Court has held that Congress can restrict a president's ability to fire officials from multi-member independent agencies without cause. However, the court's conservative majority appeared highly skeptical of those protections during oral arguments, suggesting they might grant the president uninhibited removal authority over the executive branch.[2][3]
Yet, the justices seemed to draw a distinct line when it came to the U.S. economy. In a parallel case, Trump v. Cook, the court is weighing whether the president had the emergency authority to fire Federal Reserve Board Governor Lisa Cook.[2][3]
During arguments, the justices appeared to view the Federal Reserve differently than other regulatory bodies like the FTC. They signaled deep reluctance to hand the White House unreviewable authority over the central bank, which wields vast power over domestic and international markets.[2][3]
Beyond executive power, the court is poised to issue definitive rulings on the intersection of civil rights and school sports. In Little v. Hecox and West Virginia v. B.P.J., the justices will decide whether states can legally ban transgender girls from competing on female sports teams.[3]
Twenty-seven states have enacted such bans in recent years, arguing they are necessary to maintain competitive fairness based on biological sex. Opponents counter that the laws violate both Title IX and the Constitution's Equal Protection Clause, setting up a ruling that will dictate athletic policies in school districts nationwide.[3]
The administration's border policies also face intense scrutiny. In Mullin v. Al Otro Lado, the court is weighing whether to allow the reinstatement of a border turnback policy that permits agents to physically block migrants from crossing the border to seek asylum.[2]
Additionally, the justices will rule on the administration's efforts to end Temporary Protected Status for Haitian and Syrian migrants in Mullin v. Doe and Trump v. Miot. While the justices criticized the administration's perfunctory review of the perilous conditions these migrants would face upon deportation, they acknowledged a potential legal path for the White House to ultimately prevail.[2][3]
The Supreme Court does not announce in advance which specific decisions will be handed down on a given day. The next batch of opinions is expected to be released from the bench on Thursday, June 18, kicking off a rapid-fire sequence of rulings that will shape American law for decades.[2]
Key points
- The Supreme Court has 23 unresolved cases to decide before its summer recess begins in late June or early July.
- The justices will rule on the constitutionality of President Trump's executive order seeking to end birthright citizenship.
- The court will decide if the president has the authority to fire officials at independent agencies like the FTC and the Federal Reserve.
- Rulings are expected on state laws banning transgender girls from competing in female school sports.
Open questions
- It remains unclear exactly which days the court will release its most controversial opinions, as the schedule is not announced in advance.
- If the court upholds the end of birthright citizenship, it is unknown how the administration would retroactively apply the ruling or handle the logistical challenges of implementation.
- It is uncertain if the justices will draw a permanent legal distinction between the independence of the Federal Reserve and other regulatory agencies.
Timeline
January 2025
President Trump signs an executive order seeking to end birthright citizenship on his first day back in office.
February 2026
The Supreme Court strikes down the administration's sweeping worldwide tariffs, ruling the president exceeded his authority.
April 2026
The justices hear oral arguments in Trump v. Barbara regarding the 14th Amendment and birthright citizenship.
June 18, 2026
The Supreme Court is scheduled to release its next batch of decisions, beginning the final sprint of the term.
- Institutionalists & Civil Rights Groups
- Warn that the administration's legal maneuvers threaten democratic norms and established constitutional rights.
- Executive Power Advocates
- Argue the president requires uninhibited authority to oversee federal agencies and implement his agenda.
- State Legislatures
- Assert their constitutional right to regulate local issues, such as school sports, without federal interference.
Perspectives this story doesn't cover
- Migrants and asylum seekers directly affected by the pending border and TPS rulings.
- Transgender athletes whose eligibility to compete hangs on the upcoming Title IX decisions.
Sources
[1]Fox NewsExecutive Power AdvocatesThese 11 upcoming Supreme Court decisions could make or break Trump's second term agenda
Read on Fox News →
[2]Courthouse News ServiceState LegislaturesSupreme Court set to rule on Trump, GOP policy goals ahead of summer recess
Read on Courthouse News Service →
[3]CBS NewsInstitutionalists & Civil Rights GroupsThe major cases the Supreme Court will decide in the coming weeks
Read on CBS News →
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