October 06, 2025
Back to all stories

Supreme Court term tests scope of Trump administration's executive powers

The Supreme Court's new term will put expansive claims of President Trump’s executive power at the center, with fast‑tracked oral arguments over his tariff authority in early November, a high‑stakes removal‑power case expected in December, the Lisa Cook removal dispute set for January, and a potential challenge to a birthright‑citizenship order later in the winter or spring; the Court has already granted 20 of the administration’s emergency applications amid a 6‑to‑3 conservative majority. White House Associate Counsel Graziella Pastor warned of “catastrophic” economic consequences if the administration loses the tariff case, and appellate lawyers — including Thomas Dupree asking “can President Trump do?” — say the term will broadly test presidential power even as the Court also takes up social‑issue cases such as state bans on conversion therapy and a lower‑profile criminal‑procedure dispute about counsel consultations during an overnight trial break.

Legal Politics

📌 Key Facts

  • Appellate attorney Thomas Dupree said much of the term frames the question 'can President Trump do?' — signaling the Court will test multiple executive actions from the administration.
  • The Court's schedule: tariff oral arguments fast-tracked to early November; a potential overturning of a 90-year precedent on agency removals expected in December; the Lisa Cook removal dispute set for argument in January; and a possible argument on the birthright-citizenship order in late winter/early spring.
  • White House Associate Counsel Graziella Pastor warned losing the tariff case would have 'catastrophic' economic consequences.
  • The Court has granted 20 of the administration's emergency applications to halt lower-court rulings, a pattern observers link to the Court's 6–3 conservative majority.
  • Former Solicitor General Donald Verrilli and advocate Roman Martinez provided on‑the‑record warnings about the implications of the Court's frequent emergency grants and emergency‑docket intervention.
  • The term will also address other high-profile and lower-profile matters: challenges to state bans on conversion therapy and a case about a Texas judge ordering defense lawyers not to consult a criminal defendant during an overnight break.

📰 Sources (4)

The Supreme Court will evaluate Trump's expansive claims of presidential power in its new term
ABC News October 06, 2025
New information:
  • Notes the Court will also hear arguments this week on bans passed by nearly half of U.S. states on conversion therapy (sexual‑orientation/gender‑identity change efforts).
  • Mentions lower‑profile opening‑week case about a criminal defendant's right to consult counsel during an overnight break (judge in a Texas murder trial ordered defense lawyers not to talk to their client).
  • Reiterates scheduling specifics for major items: tariff case in early November, removal‑power case in December, and potential argument on the birthright‑citizenship order in late winter/early spring.
Supreme Court term will tackle executive power, executive power and executive power
NPR by Nina Totenberg October 06, 2025
New information:
  • The Court has granted 20 of the administration's emergency applications to halt lower‑court rulings as of the end of last week.
  • The piece quantifies the scale of emergency‑docket intervention and cites a 6‑to‑3 conservative majority as central to that pattern.
  • Includes on‑the‑record quotes from former Solicitor General Donald Verrilli and advocate Roman Martinez explaining the implications of frequent emergency grants.
Trump's presidency faces crucial tests as Supreme Court begins pivotal term
Fox News October 05, 2025
New information:
  • White House Associate Counsel Graziella Pastor warned of 'catastrophic' economic consequences if the administration loses the tariff case.
  • Specific scheduling noted: tariff oral arguments fast-tracked to November; a potential overturning of a 90-year precedent on agency removals expected in December; the Lisa Cook removal dispute set for argument in January.
  • Quoted appellate attorney Thomas Dupree framing much of the term as testing 'can President Trump do?' across several executive actions.