Legal scholar warns Congress has little power to curb Trump while he remains president
A constitutional expert argues that, despite Democratic hopes, Congress cannot effectively restrain President Trump because of Supreme Court rulings and executive immunity.
According to Jeffrey Toobin, Democratic control of the House during Trump’s first term failed to produce meaningful oversight because the president ignored subpoenas and exploited appellate delays. He points to the Supreme Court’s 2024 ruling that grants former presidents absolute criminal immunity for actions tied to core constitutional duties, effectively protecting Trump from prosecution for official conduct. The analysis also notes that the Court’s opinion suggests investigations into presidential actions are barred.
Toobin warns that congressional powers such as defunding wars are constrained by the inability to block already appropriated funds and the president’s veto. He recommends that Democrats focus on preventing Republican dominance of the Supreme Court, citing the 2016 blockage of Merrick Garland’s nomination as a precedent. Finally, he raises concerns about a recent Court-endorsed effort to expand voter-eligibility checks using an immigration database.
Why it matters
It shows how judicial rulings can limit congressional checks on presidential power, affecting democratic accountability.
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