# The Supreme Court Hands Trump Near-Imperial Power

> Introduction: a judicial term that redraws the presidency

- Author: Maxime Marquette
- Publisher: MadMax (https://mad-max.co)
- Section: Analysis
- Published: 2026-07-03
- Canonical URL: https://mad-max.co/en/article/decryptage-la-cour-supreme-donne-a-trump-un-pouvoir-presque-imperial

## Introduction: a judicial term that redraws the presidency

### A high-tension final act

The **United States Supreme Court** closed out its 2025-2026 term on **June 30, 2026** with a series of rulings that will redefine the balance between the presidency, Congress, and the judiciary for decades. **Nine justices**, a country hanging on their words, and a president, **Donald Trump**, emerging from this judicial spring both victorious and humbled.

This is no **calendar coincidence**. These rulings arrive just months before the **2026 midterm elections**, in a climate where every comma from the Court is read as a political signal. And the signal is clear: the **executive branch** comes out stronger, but not absolute.

### A Court that refuses to be a mere rubber stamp

The final picture, drawn notably by **CBS News**, is one of a Court that delivered Trump **spectacular wins** on control of the federal apparatus, while inflicting stinging setbacks on **birthright citizenship** and **tariffs**. This split is not indecision. It's a message: the Court picks its battles, and it chooses to keep the Constitution intact on certain non-negotiable points.

**Nine justices**, **eight major cases** decided in one week, and an executive branch that must now operate within precise limits. This is the **full inventory** this decoding sets out to unpack, point by point, ruling by ruling.

## Roberts rules: birthright citizenship survives

### Trump v. Barbara, the defeat that matters most

The term's most closely watched case, **Trump v. Barbara**, ended in a clear defeat for the White House. In a **6-3** ruling written by Chief Justice **John Roberts**, the Court held that the presidential order seeking to limit automatic citizenship to children born on American soil violated the **Fourteenth Amendment** of the Constitution, according to a detailed analysis by **CBS News**.

Roberts was joined by conservative justices **Brett Kavanaugh** and **Amy Coney Barrett**, along with the three progressive justices, in a rare **cross-partisan majority**. The order, signed on **January 20, 2025**, the very first day of Trump's second term, sought to strip automatic citizenship from children of parents in **irregular status** or on **temporary stays**.

### A century and a half of precedent, intact

The Fourteenth Amendment's citizenship clause states that anyone born or naturalized in the United States, and subject to its jurisdiction, is a citizen. This principle, confirmed since **1898** in United States v. Wong Kim Ark, hasn't budged an inch despite the **White House's** offensive. About **255,000 children** are born each year in the United States to non-citizen parents, and this ruling protects all of them.

The dissenting justices, **Clarence Thomas**, **Neil Gorsuch**, and **Samuel Alito**, argued for a **radically different reading** of the clause. But their position remains a minority one, and will stay that way as long as this composition of the Court holds.

## Tariffs, a second presidential humiliation

### IEEPA doesn't mean tariffs

In **February 2026**, in Learning Resources v. Trump, the Court had already ruled **6-3** that the emergency economic powers law, the **IEEPA**, did not authorize the president to unilaterally impose **massive tariffs** on practically every country in the world. Roberts, again, wrote that the law contains no explicit reference to tariffs or customs duties.

This ruling directly hit Trump's **global trade policy**, including his tense negotiations with the **European Union**. The president reacted with unusual anger, publicly attacking two of his own appointees, justices **Gorsuch** and **Barrett**, who had voted against him.

### A lesson in separation of powers

The Court made clear, in unambiguous terms, that the Constitution grants **Congress**, not the president, the power to tax and impose customs duties. This reminder comes at a moment when Trump had multiplied unilateral economic orders, often justified by national emergencies of varying legitimacy.

This **setback** has concrete repercussions for **Western allies**, notably European ones, who have spent months negotiating with Washington to stabilize their trade in a climate of permanent **tariff uncertainty**.

## Removal power, the big presidential win

### The end of a century of protections

On another front, the Court handed Trump one of his biggest institutional wins: the right to remove the heads of most **independent federal agencies**, despite federal laws designed nearly a century ago to protect their autonomy. This ruling, decided **6-3**, overturns a precedent dating back to the **Roosevelt era**.

In concrete terms, this means Trump can now dismiss Democratic leaders at the **Federal Trade Commission**, the **National Labor Relations Board**, the **Merit Systems Protection Board**, and the **Consumer Product Safety Commission**, opening the door to replacements aligned with his **political agenda**.

### A power shift toward the executive

According to **The New York Times**, this ruling transfers a significant portion of authority from Congress to the presidency, with consequences for more than **twenty federal agencies** that had until now operated outside the White House's direct influence. This is a **structural change**, not a mere administrative adjustment.

The three progressive justices issued a scathing dissent, calling this shift **destabilizing** for America's institutional architecture, according to remarks reported by **The Guardian**.

## Except the Federal Reserve, a protected red line

### Lisa Cook stays in place

There is one exception, and it's a major one: the Court blocked, in a tight **5-4** vote, Trump's attempt to immediately remove **Federal Reserve** governor **Lisa Cook**. This ruling protects, for now, the independence of the American central bank, a pillar even Trump's supporters recognize as essential to global economic stability.

The president will now have to clear the **procedural hurdles** set by Congress before being able to dismiss a Fed governor, a direct brake on his ambitions for total control over American monetary policy.

### Why the Fed is different

The distinction the Court draws between ordinary regulatory agencies and the Federal Reserve is not trivial. It implicitly recognizes that American monetary policy, and by extension the trust of global markets, requires particular insulation from short-term **political pressures**.

This choice reassures Washington's economic partners, including in **Europe** and **Asia**, who feared a Fed weaponized for electoral purposes by the White House.

## Congress, a weakened spectator to power slipping away

### An institution watching its authority erode

This **Supreme Court** term also illustrates, implicitly, the ongoing weakening of **Congress** as a check on power. Every ruling that expands **presidential removal power** strips away, de facto, part of the authority lawmakers had written into law to protect the independence of federal agencies.

Lawmakers from both parties, including some Republicans, have quietly expressed reservations about this erosion, aware that a precedent set under **Trump** will one day benefit a Democratic president just as eager to expand executive power.

### The precedent that worries both camps

Historically, Republicans and Democrats have each benefited from and suffered under the doctrine of separation of powers, depending on who occupied the **White House**. This Supreme Court term is a reminder that the rules set today for **Trump** will apply tomorrow to his successor, whatever their party.

This may be the most lasting lesson of this term: power concentrated in a single presidency knows no political color once it is legally secured.

## Mail-in ballots, a quiet victory for democracy

### Mississippi and late-arriving ballots

In a less publicized but equally strategic ruling, the Court held that states may continue counting **mail-in ballots** that arrive after election day, provided they were postmarked on time. This ruling rejects a Republican-backed challenge to **Mississippi's** law.

Heading into the **midterm elections**, this ruling directly protects voting access for millions of Americans, notably **service members stationed abroad** and **rural voters** who depend on the mail. It's a rare moment where the Court resisted political pressure from the presidential camp.

### A precedent that reaches beyond Mississippi

This ruling will have repercussions well beyond a single state, since it sets a **national framework** for all similar disputes that could arise before the November elections. **Strategists from both parties** are already factoring it into their get-out-the-vote plans.

For voting-rights advocates, this ruling is a **rare breath of fresh air** in a term otherwise dominated by presidential wins over control of the state apparatus.

## The net result: more power, but not impunity

### A president strengthened over the state apparatus

Taken as a whole, this 2025-2026 term consolidates Trump's authority over vast portions of the federal government. According to an analysis published by **Al Jazeera**, despite notable defeats on tariffs and citizenship, the Court overall grew presidential power, particularly over agencies meant to be **independent** of the executive branch.

**The New York Times** notes that this redistribution of power, from Congress to the presidency, could durably transform the **structure of the American federal government**, well beyond Trump's own term.

### A Court that still refuses constitutional rupture

But the story doesn't end there. By refusing to touch the Fourteenth Amendment, by blocking the removal of **Lisa Cook**, and by upholding mail-in voting, the Court drew a red line that even a six-justice conservative majority would not cross. It's a signal sent as much to Trump as to his successors.

This split between expanded power and maintained limits is, in my view, the real story of this term: neither total capitulation, nor systematic resistance, but a cautious institutional calculation.

## Conclusion: American democracy holds, shaken but standing

### What the West should take from this

For the democratic West, this Supreme Court term is a test of institutional resilience. Trump remains a **necessary evil** to maintain a hard line against **China**, **Iran**, and **Russia**, but his appetite for absolute executive power must be contained by checks that still function, however imperfectly.

The Court showed, in this contradictory term, that it could say no to the president who partly appointed it. It's **fragile**, it's **uneven**, but it's not nothing in a world where other regimes don't even offer this illusion of a counterweight.

### Toward the midterms, under close watch

The coming months will tell whether these rulings truly change the balance of power between the White House and the institutions. One thing is certain: the **2026 midterm elections** will also be fought on this judicial ground, in the shadow of the nine justices who just redrew the **contours of American power**.

**By Maxime Marquette, columnist**

## Columnist's transparency note

### Editorial stance

I am not a journalist but a **columnist and analyst**. My expertise lies in observing and analysing the geopolitical, economic and strategic dynamics that shape our world. My work is to take political strategies apart, to understand global economic movements, to put the decisions of international actors in context and to offer analytical perspectives on the changes that are redefining our societies.

I do not claim the cold objectivity of traditional journalism, which stops at reporting facts. **I claim analytical clarity**, rigorous interpretation and a deep understanding of the complex issues that concern us all. My role is to give meaning to the facts, to place them in their historical and strategic context, and to offer a critical reading of events.

### Method and sources

This text keeps the basic distinction between **verified facts and interpretive analysis**. The rule never changes: a factual claim is published only when a verifiable source supports it, and the sources this article actually used are listed under **Sources**, never here.

**Primary source families** used by the publication, when the story has them: official statements from governments and international institutions, public statements by political leaders, reports from intergovernmental organisations, dispatches from recognised international news agencies.

**Secondary source families**: specialised publications, internationally recognised news media, analyses from established research institutions, reports from industry organisations.

When an article cites statistical, economic or geopolitical data, it comes from the institutions that produce it (intergovernmental organisations, central banks, national statistics offices), and the exact institution is named under **Sources**.

### Nature of the analysis

The analyses, interpretations and perspectives in the analytical sections of this article are a **critical, contextual synthesis** based on the information available, the trends observed and the expert comments cited in the sources consulted.

My role is to interpret these facts, to set them in the context of today's geopolitical and economic dynamics, and to give them a coherent meaning within the larger story of the changes shaping our time. These analyses reflect expertise built through continuous observation of international affairs and an understanding of the strategic mechanisms that drive global actors.

This article describes a documented state of affairs on its publication date, not a prediction: later developments may shift its outlook. No update is promised in advance; when an article is corrected or completed, the change is dated in the text.

## Sources

### Primary sources

- [CBS News — How the Supreme Court ruled on Trump's agenda, June 30, 2026](https://www.cbsnews.com/news/supreme-court-trump-birthright-citizenship-tariffs-presidential-power/)

- [USA Today — Trump Supreme Court rulings: what he won and lost, July 1, 2026](https://www.usatoday.com/story/news/politics/2026/07/01/trump-supreme-court-rulings-won-lost-birthright-tariffs/90767634007/)

- [Supreme Court of the United States — Trump v. Barbara, official opinion, June 30, 2026](https://www.supremecourt.gov/opinions/25pdf/25-365_4hdj.pdf)

### Secondary sources

- [Reuters — Supreme Court rejects Trump bid to restrict birthright citizenship, June 30, 2026](https://www.reuters.com/legal/government/supreme-court-rule-trump-bid-limit-birthright-citizenship-2026-06-30/)

- [Al Jazeera — Despite marquee losses, Supreme Court term grows Trump's presidential power, July 1, 2026](https://www.aljazeera.com/news/2026/7/1/despite-marquee-losses-supreme-court-term-grows-trumps-presidential-power)

- [NPR — Supreme Court cements Trump's power over independent agencies, June 29, 2026](https://www.npr.org/2026/06/29/nx-s1-5816232/supreme-court-ftc-independent-agencies-humphreys-executor)

- [National Constitution Center — Supreme Court strikes down Trump's birthright citizenship executive order, June 30, 2026](https://constitutioncenter.org/blog/supreme-court-strikes-down-trumps-birthright-citizenship-executive-order-in-landmark-decision)

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Source: Maxime Marquette, MadMax. When citing, name the author and link https://mad-max.co/en/article/decryptage-la-cour-supreme-donne-a-trump-un-pouvoir-presque-imperial
