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The Supreme Court & Trump

U.S. Supreme Court Justices

Will the Supreme Court Treat Trump as President

The policies during the Trump administration are some of the most controversial policies this country has seen in a long time. However many of his policies are similar to past presidents. Many of these policies will also go before the United States Supreme Court. The question they are going to have to answer is will they treat Donald Trump like other U.S. Presidents.

Will the U.S. Supreme Court Become Political

There have always been some politics in the Supreme Court, but they have at least tried to be non-political. However after Trump won the election in 2016 we have seen numerous decisions coming down from federal courts across the country declaring his policies unconstitutional. The problem many of these judges have is they are making these decisions with no prior precedent, or even worse they are making these decisions contrary to precedent. The inference being that these courts are breaching the separation of power, and are making executive or legislative decisions.

Executive Orders

Trump has reversed the executive orders of many of the prior administrations executive orders. However many non supreme courts have come in and questioned whether the agencies roll back of these orders are legitimate reasons to stop using these executive orders. This is a roll usually reserved for the executive branch, but are the courts over stepping their role as judges to make executive decisions?

Weighing the Evidence

Courts have also used statements made by Donald Trump to determine if the executive order is constitutional on the basis of equal protection for things like traveling to the United States from certain countries (travel ban). However many of the statements that were considered were made by the Donald Trump when he was only a presidential candidate. To make things even more complicated virtually every president including Obama have issued Travel bans in the past, and these travel bans are used to protect national security. So the question the court will have to answer is does a statement made during a campaign effect the President’s ability to regulate national security?

Finally should the courts weigh the evidence in cases that will be applied to everyone around the world in cases like the travel ban. That would mean the court would potentially have to determine if a person entered the country if the ban was motivated in an unconstitutional way. The other option, which is more realistic is to evaluate these executive orders by looking at the four corners of the document, and if they are constitutional based on the four corners should the court accept the executive order as constitutional?