The Roberts Court is systematically reducing presidential power to restore constitutional balance
Source: Sarah Isgur. "What the Roberts Court Is Actually Trying to Accomplish - The Atlantic." February 23, 2026. www.theatlantic.com
The Gist
The author argues that the Supreme Court isn't helping Republicans or Trump, but is actually trying to make the presidency less powerful and force Congress to do its job of making laws. She says this will make politics less crazy because presidential elections won't matter as much.
Conclusion
The Roberts Court's primary project is to shrink the presidency back to constitutional size and force Congress to reassert its legislative authority, rather than serving as a partisan instrument for either political party
Premises
- Statistical evidence shows the Court is not partisan: only 15% of cases last term were 6-3 splits, with conservatives and liberals each dissenting together equally often
- Trump has historically low success rate at the Supreme Court, losing on tariffs, National Guard federalization, and immigration cases
- The Court consistently limits presidential power across administrations, striking down both Trump's tariffs and Biden's student loan forgiveness for lack of clear congressional authorization
- Key decisions like Loper Bright stripped power from executive agencies and returned it to Congress, while still allowing presidents more direct control over their own branch
- The Court's approach forces Congress to legislate clearly rather than allowing presidents to exploit vague statutory language to expand their power
- This constitutional rebalancing could reduce the stakes of presidential elections and improve American political dysfunction
Assumptions
- Constitutional separation of powers requires Congress, not the executive branch, to make major policy decisions
- Reducing presidential power will force Congress to become more active and effective
- High-stakes presidential elections contribute significantly to political polarization
- Statistical voting patterns accurately reflect the Court's underlying judicial philosophy
- The Court's decisions are primarily driven by constitutional principles rather than political outcomes