Chief Justice John Roberts ended 2025 with a report focused on the history and role of the courts rather than current political fights. His message was clear: courts are meant to stand apart from politics and protect the Constitution, even when it’s unpopular.
Roberts called the courts a “counter-majoritarian check.” This means courts don’t just follow what most people want. Instead, they protect rights and laws even if the majority disagrees.
He reminded readers that the Constitution was designed to keep judges free from political control. In colonial times, British rulers controlled courts, but the U.S. system fixed that by making judges independent.
Roberts didn’t mention President Donald Trump or any specific controversies, sticking to his usual approach of focusing on judicial principles, not politics.
‘Shadow docket’
One important part of the Court’s work in 2025 was the “shadow docket.” This is when the Court makes quick decisions on emergency requests without full hearings or written opinions.
Trump’s administration used this process a lot to get fast rulings that allowed their policies to move forward while lawsuits were still ongoing.
The Court’s conservative majority agreed with Trump’s side in more than 80% of these emergency cases last year. These quick rulings let Trump:
But the Court did block Trump’s plan to send the National Guard to Chicago.
These quick decisions often come with little explanation, which has upset some judges and caused disagreements within the Court.
Big Trump cases coming in 2026
While 2025 mostly saw temporary rulings, 2026 will bring major cases that require full hearings and final decisions. These cases will decide how much power the president really has.
Here are the three big issues:
- Birthright citizenship: Can Trump end or limit the rule that anyone born in the U.S. automatically becomes a citizen? This rule comes from the 14th Amendment. Changing it would be a huge shift in American law.
- Sweeping global tariffs: How far can the president go in setting broad taxes on imports without Congress saying yes? This case will decide how much control the president has over trade.
- Firing a Federal Reserve governor: Can the president fire a member of the Federal Reserve’s board over accusations like mortgage fraud? This case will test how independent the Fed really is from the White House.
Experts say the Court waited to hear these cases until now because Trump’s political power is weaker than before.
Why timing and popularity matter
In the past, the Supreme Court often waited to challenge presidents until their power faded. For example:
- Bush and Obama saw major Court rulings against their policies late in their presidencies.
- Biden’s student loan forgiveness plan was recently blocked by the Court.
Trump’s approval rating dropped slightly in 2025, with about 42% of people approving and 58% disapproving by December.
Though Trump has criticized lower courts, he has mostly avoided attacking the Supreme Court. But if the Court rules strongly against him in 2026, that could change.
Experts say justices may feel more confident limiting Trump’s power now that he is less popular.
Why this matters for the country
Roberts’ report reminds us that courts must stay independent, even when political pressure is high. Trump has questioned judges’ fairness and even suggested impeaching those who rule against him.
The Court’s use of the “shadow docket” has let it shape policy quietly, but in 2026, the justices will have to explain their decisions fully in public.
The upcoming rulings will affect the balance of power between the president and Congress. They will also impact how the public views the Court’s fairness and independence.
The bottom line
Chief Justice Roberts quietly defended the courts’ independence by focusing on history, not politics. But the real test is coming in 2026, when the Supreme Court will decide if Trump can change major laws on citizenship, trade, and the Federal Reserve using executive power alone.
After a year of mostly supporting Trump’s emergency requests, the Court may now set clear limits as the president’s political strength fades.
Our conversation
These themes are at the heart of the latest episode of Politics & Power, where I will speak with Constitutional Law Expert Rod Sullivan.
We explore:
- Trump’s push for power
- How the president is testing the court’s independence
- How the Supreme Court rulings may reshape America
Watch live at 10:30 a.m. Tuesday or catch an encore at 7 p.m. or 9 p.m. Tuesday on News4JAX+. You can also catch up any time on demand at News4JAX.com, News4JAX+ and our YouTube channel.