Supreme Court New Term commentary

September 6, 2025

The Constitutional and Institutional Implications for the new term

● Separation of Powers & Checks and Balances
These cases strike at the core of the American constitutional design: whether Congress (or the courts) can meaningfully check presidency excess.
A shift toward stronger executive prerogative risks weakening legislative oversight and judicial review as co-equal constraints.

● Major Questions & Delegation Doctrines
Courts may invoke the “major questions doctrine” (i.e. requiring clear congressional authorization for sweeping executive action) to pare back implied delegations to the president.
How vigorously the Court applies or limits that doctrine will shape future executive agency regulation.

● Structural Precedents Overturned or Narrowed
Precedents like Humphrey’s Executor (limiting arbitrary removal from independent commissions) and norms around nationwide injunctions could be revisited.
If overturned or narrowed, it would recalibrate the balance between independent regulation and presidential control.

● Precedential Lock-in Through Shadow Decisions
Even without full merits adjudication, emergency rulings may accumulate into a body of de facto precedent that enhances presidential authority over time.