David Cole Offers Measured Praise for Supreme Court’s Checks on Trump
Legal scholar David Cole argues that the Supreme Court’s recent rulings have limited several of President Trump’s major initiatives, though he also critiques the Court’s handling of precedent.
David Cole, a prominent left-leaning Georgetown law professor and ex-ACLU national director, published a nuanced defense of the Supreme Court’s recent term in the New York Review. He emphasizes that the Court thwarted four of Trump’s major policies: a bid to end birthright citizenship, a worldwide tariff scheme, the dismissal of Federal Reserve governor Lisa Cook, and the use of the National Guard in Chicago, Portland and other cities.
Cole argues these outcomes show the Court can act as a bulwark against presidential power, despite its conservative composition. He also criticizes the Court for abandoning stare decisis in cases such as the Haitian TPS decision and a narrow takings-clause ruling. While acknowledging the Court’s achievements, Cole warns against efforts to undermine judicial review, such as court-packing proposals. The piece underscores the ongoing debate over the Court’s role as a check on executive authority versus a partisan institution.
Why it matters
The analysis shows how the Supreme Court can restrain presidential power, shaping future checks on executive actions.
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