In Learning Resources v. Trump, the Supreme Court invalidated President Trump's global tariffs by a 6-3 vote. Almost immediately, Trump held an impromptu press conference, in which he lashed out at the Court, and in particular two of his appointees, Justices Neil Gorsuch and Amy Coney Barrett, who joined the majority. The presser was classic Trump: angry, winding, but direct. First, he conveyed a truth that Republican presidents have known for nearly a century, but have rarely said aloud: progressive justices never break ranks when it counts, but conservative justices will invariably find the principle to do so. Second, Trump uttered another unspoken truth: Presidents fear that criticizing the Supreme Court may result in the Justices ruling against them. The Justices are supposed to rule without fear or favor, but they are still human and will invariably react to what they see as an overbearing president. Third, Trump now sees clearly the problem with those who advised him on his first batch of Supreme Court nominees. Rather than focusing on nominees who favored a strong, robust executive, they supported nominees who actually wanted to transfer power from the executive to Congress and to the courts. Should Trump have another Supreme Court vacancy, these three important lessons will inform his future decision.
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Josh Blackman is an adjunct fellow at the Manhattan Institute.