Will the US Supreme Court stand up to Trump?

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Feb 13, 2026

Kate Shaw, former Supreme Court clerk and law professor, offers sharp legal perspective. She discusses the court’s recent pro-Trump trend and how justices have defied expectations. They examine high-stakes cases on tariffs, firing protected officials, birthright citizenship and the prospects of court expansion. The conversation centers on whether the Supreme Court will curb or enlarge presidential power.

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INSIGHT

Court Decisions Will Define Executive Power

The Supreme Court's upcoming rulings will shape how far presidential power can extend in a second Trump term.
Recent decisions show a pattern of rulings that often favor Trump, raising stakes for pending cases on tariffs and appointments.

INSIGHT

Five Justices Can Reshape Policy

The Supreme Court's rulings are final and bind the whole country when five justices agree.
Pending cases could set lasting limits or expand presidential authority on immigration, appointments and trade.

INSIGHT

A Very Conservative Court Is Reshaping Law

The current Court is the most conservative in decades and has overturned long-standing precedents.
Its decisions have reshaped law on abortion, agency power, education and guns in recent years.

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Will Donald Trump be legally allowed to proceed with key elements of his second term agenda - such as imposing global trade tariffs, ending birthright citizenship and the right to sack heads of independent agencies? As the Supreme Court prepares to rule on the legality of major policies from the Trump administration, we look at whether the court will stand up to Donald Trump, or further expand the power of the US presidency?

Justin and Anthony are joined by Kate Shaw, former Supreme Court clerk, and Professor of Law at the University of Pennsylvania’s Carey Law School. We look at how SCOTUS (Supreme Court of the United States) has dealt with former presidents, and discuss criticism that the current makeup of SCOTUS justices are making Trump the most powerful president in US history.

HOSTS: • Justin Webb, Radio 4 presenter • Anthony Zurcher, North America Correspondent

GUEST: Kate Shaw, former Supreme Court clerk, Professor of Law at the University of Pennsylvania’s Carey Law School and co-host of the Strict Scrutiny podcast

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This episode was made by Purvee Pattni with Grace Reeve and Kris Jalowiecki. The technical producer was Mike Regaard. The series producer is Purvee Pattni. The senior news editor is Sam Bonham.

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