Supreme Court opens new term with Trump power disputes
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The Supreme Court will launch its new term Monday with a focus on controversial prior rulings and a review of President Donald Trump’s sweeping executive agenda.
After a three-month recess, the nine justices met together for the first time this week to reset their docket, and discuss appeals that have piled up over the summer. The high court will resume oral arguments to confront issues like gender identity, election redistricting, and free speech.
But looming over the federal judiciary is the return of Trump-era legal battles. The administration has been winning most of the emergency appeals at the Supreme Court since January, that dealt only with whether challenged policies could go into effect temporarily, while the issues play out in the lower courts — including immigration, federal spending cuts, workforce reductions and transgender people in the military.
In doing so, the 6-3 conservative majority has reversed about two dozen preliminary nationwide injunctions imposed by lower federal courts, leading to frustration and confusion among many judges.
FEDERAL JUDGES ANONYMOUSLY CRITICIZE SUPREME COURT FOR OVERTURNING DECISIONS WITH EMERGENCY RULINGS

The nine Supreme Court justices pose for their official portrait inside the Supreme Court building in Washington, D.C. on Oct. 7, 2022. (Olivier Douliery/AFP via Getty Images )
Now those percolating petitions are starting to reach the Supreme Court for final review — and legal analysts say the bench may be poised to grant broad unilateral powers to the president.
The justices fast-tracked the administration’s appeal over tariffs on dozens of countries that were blocked by lower courts. Oral arguments will be held in November.
In December, the justices will decide whether to overturn a 90-year precedent dealing with the president’s ability to fire members of some federal regulatory agencies like the Federal Trade Commission.
And in January, the power of President Trump to remove Lisa Cook from the Federal Reserve’s Board of Governors will be tested in a major constitutional showdown. For now, the Biden-appointed Cook will remain on the job.
“A big fraction of the Supreme Court’s docket will present the question: ‘can President Trump do?’— then fill in the blank. And that could be imposing tariffs; firing independent board members; removing illegal aliens; sending the military into cities like Los Angeles,” said Thomas Dupree, a prominent appellate attorney and constitutional law expert. “So, much of what the Supreme Court is deciding this term is whether the president has acted within or has exceeded his authority.”
The tariffs dispute will be the court’s first major constitutional test on the merits over how broadly the conservative majority high court views Trump’s muscular view of presidential power, a template for almost certain future appeals of his executive agenda.
Presidential prerogative or power push?
In earlier disputes over temporary enforcement of those policies, the court’s left-leaning justices warned against the judiciary becoming a rubber stamp, ceding its power in favor of this president.
After a late August high court order granting the government the power to temporarily terminate nearly $800 million in already-approved health research grants, Justice Ketanji Brown Jackson said her conservative colleagues had “ben
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