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The Supreme Court's ruling in the tariffs case has been hailed as a devastating blow for President Trump and a triumph for the rule of law. Even though Trump had warned that a loss in this case "would literally destroy the United States of America," the Court broke from its pattern of siding with him. [...]
In constitutional democracies across the globe, researchers have found that confidence in the judiciary is linked to its perceived independence. [...]
To safeguard its institutional legitimacy, the Court thus needs to rein in Trump once in a while, and not just through relatively "invisible" maneuvers. The tariffs case presented a perfect opportunity to do so on account of its large symbolic value and limited legal stakes.
[...] Such a dynamic has played out in a number of declining democracies. Courts shore up popular support by vindicating a small set of high-profile claims, even as they allow the executive to undermine core democratic norms.
[...] Compared with more overt methods of authoritarian takeover, tactics of this kind [...] are less likely to spook markets and lead to adverse economic effects.
The Tariffs Loss Is Paradoxically a Win for Trump - The Atlantic
In constitutional democracies across the globe, researchers have found that confidence in the judiciary is linked to its perceived independence. [...]
To safeguard its institutional legitimacy, the Court thus needs to rein in Trump once in a while, and not just through relatively "invisible" maneuvers. The tariffs case presented a perfect opportunity to do so on account of its large symbolic value and limited legal stakes.
[...] Such a dynamic has played out in a number of declining democracies. Courts shore up popular support by vindicating a small set of high-profile claims, even as they allow the executive to undermine core democratic norms.
[...] Compared with more overt methods of authoritarian takeover, tactics of this kind [...] are less likely to spook markets and lead to adverse economic effects.
The Tariffs Loss Is Paradoxically a Win for Trump - The Atlantic
... and in particular less likely to spook the bond market.
What are bonds and why have they spooked Donald Trump? The reason the US president had to back down on tariffs once investors started dumping treasury bonds | The Guardian (from April 2025)
But that sort of "stealth authoritarian" creep is almost certainly not going to be enough for Trump to prevent Democrats from winning the midterms and jeopardizing his ability to ("legally") spend (government) money for the remainder of his (ultimately reinless?) reign.
This post has been edited by Azath Vitr (D'ivers: Today, 06:05 PM
