Many legal commentators apparently believe that, in the term that just ended, the Supreme Court further enabled President Donald Trump. The court did, in fact, issue a series of conservative decisions that Trump likes. However, under the leadership of Chief Justice John Roberts, the court also simultaneously pursued a careful strategy aimed at preserving the rule of law in the face of Trump’s challenges to it.
The court picked its battles, upholding a meaningful number of lower court orders that blocked unlawful Trump initiatives. At the same time, the justices worked hard to avoid a direct confrontation in which Trump might overtly declare his intention to ignore a court ruling.
One of its most controversial recent decisions — ending the Trump-era judicial practice of issuing universal injunctions against presidential action — may be understood as an effort to prevent lower courts from creating a direct conflict with the administration that might lead to a showdown the courts would lose. On this interpretation, Roberts wants to exercise his own careful judgment about when to go toe-to-toe with Trump. His goal is to avoid a constitutional crisis that could undermine the power of the judiciary for generations.
Since Jan. 20, 2025, the court’s essential function has been to fight for the preservation of the rule of law. That fight cannot be won simply by bluster, for a very specific constitutional reason: The Supreme Court has no direct enforcement power and no power of the purse. It is, as Alexander Hamilton famously wrote, “the least dangerous branch” — which also means it is the least powerful.
In the end, the Supreme Court has power only because the executive obeys it. If the president defies the courts, the only constitutional remedies available are congressional attempts to withhold funds (which is not going to happen under this Congress) and impeachment (good luck). Maybe millions of people would go into the streets in defense of the rule of law. Maybe the financial markets would decline sharply. But these are extreme contingencies, and they might not work.