The Supreme Court Term That Handed Originalists One Of Their Best Years Yet
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The Supreme Court Term That Handed Originalists One Of Their Best Years Yet

Every Supreme Court term produces headlines. This one produced structural change — the kind that will shape how power works in Washington, D.C., in statehouses, and in your own community for years to come. Start with the case that mattered most: Trump v. Slaughter. For 90 years, Congress could shield the heads of “independent” agencies — the Federal Trade Commission, and by extension dozens of similar bodies — from being fired by the president except for cause. The Court ended that, ruling that if an official exercises the president’s executive power, the president can remove him. In practice, that means voters who elect a president now have more say over the sprawling bureaucracy that regulates everything from consumer products to labor disputes, rather than leaving that power with unelected commissioners serving staggered terms. A companion case, Trump v. Cook, carved out an exception for the Federal Reserve — Fed governors can be fired only for cause, a 5-4 compromise that Justice Barrett, in dissent, called out as arbitrary and going beyond what the Court needed to decide the case. Women’s sports had one of their best days ever at the Court. In cases out of West Virginia and Idaho, all nine justices agreed that Title IX — the law that opened the door to girls’ athletics in the first place — doesn’t force states to let biological males compete on girls’ teams. A narrower 6-3 majority held that constitutional equal protection likewise allows states to protect female athletes. That means the 27 states that already protect single-sex sports are on solid legal ground, and cases are already wending their way to the Supreme Court asking whether equal protection and Title IX actually require the other 23 states to do so. The Second Amendment kept winning, too. In Wolford v. Lopez, the Court struck down a Hawaii law that weaponized trespass law against concealed-carry permit holders: Instead of assuming that a valid permit holder could enter a business with his weapon unless told otherwise, Hawaii required businesses to explicitly invite him in first. The Court said that the law effectively criminalized ordinary daily life for lawful gun owners — a ruling that should also doom copycat laws in California and other blue states. In a separate case, the justices unanimously held that the government can’t strip someone’s gun rights merely because he’s an occasional marijuana user, absent any sign he’s actually dangerous. The First Amendment had an outstanding term as well. The Court struck down Colorado’s ban on “conversion therapy” counseling, ruling that a state can’t let therapists affirm a client’s gender identity while banning them from helping a client move the other direction — that’s the government picking sides on a viewpoint, not regulating conduct. Elsewhere, the Court protected a New Jersey pregnancy center’s right to keep its donor list private from a hostile state subpoena, and struck down limits on how much political parties can coordinate spending with their own candidates. The campaign finance ruling is the latest in a series of cases reaffirming that free speech includes the right to political speech, and it will likely shift fundraising and election spending back to the parties and away from outside groups and Super PACs. The term also delivered a landmark election law decision: Louisiana v. Callais. The Court held that a Voting Rights Act lawsuit can’t succeed just by pointing to a correlation between race and party in a district — plaintiffs now need real evidence of intentional discrimination. The Court put that reasoning to work almost immediately in an emergency order reinstating Alabama’s congressional map, an order that invoked the “colorblind Constitution” — language borrowed from the first Justice Harlan’s dissent in Plessy v. Ferguson, and now, for the first time, adopted by a majority. In practice, this makes it harder to scurrilously repackage partisan gerrymandering claims with racial language. One disappointment: the Court left in place the counting of late-arriving mail ballots, though it noted Congress could set a firmer national rule if it chose to. Immigration cases mostly went the government’s way, with the Court reading several statutes in commonsense, textualist terms — including a ruling that someone who is stopped at the border hasn’t yet “arrived in” the country, reaffirming that courts can’t second-guess the president’s determination not to exempt Haitian and Syrian immigrants from removal, and another making it easier to remove green-card holders who commit serious crimes. The exception was the birthright citizenship case, where the majority applied the traditional, broad meaning of the Fourteenth Amendment’s Citizenship Clause to cover the U.S.-born children of both illegal immigrants and temporary visitors. As an originalist matter, it was a difficult case, with both sides grappling with the historical evidence. Justice Thomas’s 91-page dissent masterfully presented a narrower view of the Clause, but even the dissenters concluded that the president’s executive order likely went further than the Constitution permits. On the business side, the Court made it harder for trial lawyers to drag oil companies into friendly state courts over decades-old wartime production, ruling that those suits belong in federal court — a real check on the climate-litigation industry that’s grown up around this kind of lawsuit. Not every case broke along predictable lines. In a dispute over the president’s tariff powers, originalist justices ended up on both sides — a useful reminder that originalism is a method, not a rubber stamp, and methods sometimes produce results conservatives don’t love. The term produced a few decisions that disappointed the president or conservatives, but, taken as a whole, it stands as one of the most significant terms in memory for bringing the Court back to an originalist understanding of the Constitution. Presidential removal power, women’s sports, the First and Second Amendments, immigration enforcement, climate and election litigation abuse — the Court engaged all of it and got the lion’s share right. That’s not a disappointing term. That’s a historic one. *** Carrie Severino is the president of the Judicial Crisis Network. Follow her on X @JCNSeverino