• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

Bolt CEO says he let go of his entire HR team for creating problems that didn’t exist: ‘Those problems disappeared when I let them go’ 

2

Despite a $500 million net worth, Shaq just finished his fourth degree. He warns graduates: 'Your character will take you further than your resume'

3

Meet a 21-year-old community college student who's going to China as the first American woman welder in the trades Olympics

1

Bolt CEO says he let go of his entire HR team for creating problems that didn’t exist: ‘Those problems disappeared when I let them go’ 

2

Despite a $500 million net worth, Shaq just finished his fourth degree. He warns graduates: 'Your character will take you further than your resume'

3

Meet a 21-year-old community college student who's going to China as the first American woman welder in the trades Olympics
Leadership

How Donald Trump Could Alter the Supreme Court’s Agenda

By
The Associated Press
The Associated Press
Down Arrow Button Icon
By
The Associated Press
The Associated Press
Down Arrow Button Icon
November 14, 2016, 3:45 PM ET
The US Supreme Court in Washington, D.C.
Photograph by Mandel Ngan—AFP/Getty Images

Even before Donald Trump chooses a Supreme Court nominee, the new president can take steps to make several contentious court cases go away.

Legal challenges involving immigration, climate change, cost-free contraceptive care, and transgender rights all could be affected, without any help from Congress.

The cases turn on Obama administration policies that rely on the president’s pen, regulations, or decisions made by federal agencies. And what one administration can do, the next can undo.

It is not uncommon for the court’s docket to change when one party replaces the other in the White House. That change in direction is magnified by the high-court seat Trump will get to fill after Senate Republicans refused to consider President Barack Obama’s nomination of Judge Merrick Garland.

“We were hoping we’d be looking forward to a progressive majority on the Supreme Court. After the election results, there is a new reality,” said Elizabeth Wydra, president of the liberal Constitutional Accountability Center.

 

The Supreme Court already is set to consider a case involving a transgender teen who was born female, but identifies as a male and wants to use the boys’ bathroom at his Virginia high school. When the federal appeals court in Richmond ruled in student Gavin Grimm’s favor this year, it relied on a determination by the U.S. Education Department that federal law prohibiting sex discrimination in education also applies to gender identity.

The new administration could withdraw the department’s guidance, which could cause the justices to return the case to the lower courts to reach their own decision about whether the law requires schools to allow students to use bathrooms and locker rooms based on their gender identity.

“It is possible, maybe even likely, that if the first question went away, then the court would send case back to the 4th circuit” in Richmond, said Steven Shapiro, legal director of the American Civil Liberties Union, which represents Grimm.

Trump already has pledged to undo Obama’s plan to shield millions of people living in the country illegally from deportation and to make them eligible for work permits. The Supreme Court, down to eight members after Justice Antonin Scalia’s death in February, split 4 to 4 in June over the plan. The tie vote effectively killed the plan for Obama’s presidency because lower federal courts had previously blocked it.

But the issue remains a live one in the legal system, and supporters of the Obama plan had hoped that a new Clinton administration would press forward.

Now, though, all Trump has to do is rescind the Obama team’s actions, which would leave the courts with nothing to decide.

A similar fate may be in store for the current administration’s efforts to get cost-free birth control to women who are covered by health plans from religiously-affiliated educational and charitable organizations. The justices issued an unusual order in the spring that directed lower courts across the country to seek a compromise to end the legal dispute. The groups already can opt out of paying for contraception, but they say that option leaves them complicit in providing government-approved contraceptives to women covered by their plans.

The new administration could be more willing to meet the groups’ demands, which would end the controversy.

Women’s contraceptives are among a range of preventive services that the Obama health overhaul requires employers to cover in their health plans. All of that now is at risk, since Trump has called for repeal of the health care law.

Obama’s Clean Power Plan, calling for cuts in carbon emissions from coal-burning power plants, also could be rolled back once Trump is in office.

The federal appeals court in Washington, D.C., is considering a challenge by two-dozen mostly Republican-led states that say Obama overstepped his authority. The Trump team could seek to undo the rules put in place by the Environmental Protection Agency and it could seek a delay in the litigation while doing so, said Sean Donahue, a lawyer for the Environmental Defense Fund. Trump’s EPA would have to propose its own rules, which allow for public comment and legal challenges from those who object, Donahue said.

Environmental groups effectively fought rules that they said eased pollution limits during George W. Bush’s presidency.

As some issues pushed by Obama recede in importance, others that have been important to conservatives may get renewed interest at the court. Among those are efforts to impose new restrictions on public-sector labor unions and to strike down more campaign-finance limits, including the ban on unlimited contributions to political parties.

About the Author
By The Associated Press
See full bioRight Arrow Button Icon

Latest in Leadership

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • Pinterest icon

Latest in Leadership

Photo of MacKenzie Scott
SuccessMacKenzie Scott
MacKenzie Scott gave away more than $7 billion last year—but her secretive style got her snubbed from a top donors list
By Sydney LakeMay 21, 2026
22 minutes ago
allbirds
AILayoffs
Allbirds’ 600% stock surge says a lot about how ‘AI washing’ became the new ‘greenwashing’
By Suvrat Dhanorkar and The ConversationMay 21, 2026
1 hour ago
The SpaceX IPO is a referendum on Elon Musk and his plan to colonize Mars
NewslettersCEO Daily
The SpaceX IPO is a referendum on Elon Musk and his plan to colonize Mars
By Diane BradyMay 21, 2026
5 hours ago
Ex-Facebook exec Sheryl Sandberg tells Gen Z the 10-year career plan is dead thanks to AI:  ‘Don’t script your career when the future is uncertain’
Successcareer
Ex-Facebook exec Sheryl Sandberg tells Gen Z the 10-year career plan is dead thanks to AI:  ‘Don’t script your career when the future is uncertain’
By Orianna Rosa RoyleMay 21, 2026
7 hours ago
Microsoft lost its way in the AI race. Can Copilot get it back on course?
MagazineMicrosoft
Microsoft lost its way in the AI race. Can Copilot get it back on course?
By Jeremy KahnMay 21, 2026
7 hours ago
elon
SuccessIPOs
SpaceX IPO targets $28.5 trillion total addressable market, mission to ‘make life multiplanetary’ and understand ‘true nature of the universe’
By Nick LichtenbergMay 20, 2026
16 hours ago

Most Popular

Bolt CEO says he let go of his entire HR team for creating problems that didn’t exist: ‘Those problems disappeared when I let them go’ 
Workplace Culture
Bolt CEO says he let go of his entire HR team for creating problems that didn’t exist: ‘Those problems disappeared when I let them go’ 
By Preston ForeMay 19, 2026
2 days ago
Despite a $500 million net worth, Shaq just finished his fourth degree. He warns graduates: 'Your character will take you further than your resume'
Success
Despite a $500 million net worth, Shaq just finished his fourth degree. He warns graduates: 'Your character will take you further than your resume'
By Preston ForeMay 20, 2026
23 hours ago
Meet a 21-year-old community college student who's going to China as the first American woman welder in the trades Olympics
Future of Work
Meet a 21-year-old community college student who's going to China as the first American woman welder in the trades Olympics
By Mike Householder and The Associated PressMay 17, 2026
4 days ago
Dr. Bernice King on why companies that walked back DEI were never truly committed: 'If you retreat that quick…that reveals who you really are'
Workplace Culture
Dr. Bernice King on why companies that walked back DEI were never truly committed: 'If you retreat that quick…that reveals who you really are'
By Preston ForeMay 19, 2026
2 days ago
Pay transparency is exposing a bigger problem: Most companies can't explain why they pay what they pay
Workplace Culture
Pay transparency is exposing a bigger problem: Most companies can't explain why they pay what they pay
By Sydney LakeMay 20, 2026
19 hours ago
Current price of oil as of May 20, 2026
Personal Finance
Current price of oil as of May 20, 2026
By Joseph HostetlerMay 20, 2026
1 day ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.