After Supreme Court Losses, Trump Keeps Pushing
New York Times · LC · trust 69/100
Is the administration defying the court or pursuing lawful alternatives?
Listen · 13:07 min Share full article President Trump has said that three Supreme Court rulings will not stand in his way and that other paths exist to get to where he wants to go. Credit... Haiyun Jiang/The New York Times By Adam Liptak
Adam Liptak is the chief legal correspondent and host of The Docket .
Trump has said that none of the three rulings — on tariffs, the Federal Reserve and birthright citizenship — will stand in his way. Other paths exist, he said, to get to where he wants to go.
The administration insists that it will comply with the Supreme Court’s judgments and reasoning.
“All actions taken by the president since the recent Supreme Court rulings are consistent with the holdings and analysis set forth by the court,” said Lauren Bis, a White House spokeswoman.
Solicitor General John Sauer said much the same thing last year to the justices’ faces during the argument in an earlier iteration of the birthright citizenship case.
To say anything else, of course, could provoke a constitutional crisis. The administration has instead often adopted a different strategy, legal experts said, one that an article in The Duke Law Journal called “legalistic noncompliance.”
That strategy, Daniel Deacon and Leah Litman wrote, stops short of avowed defiance of the courts. Instead, they wrote, “legalistic noncompliance involves deploying the language of the law to shroud what are, in fact, bad faith efforts to evade judicial orders.”
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