Forces of Law 2026
December 10, 2025

The Supreme Court Considers Presidential Authority

A series of Supreme Court cases could reset the balance between presidential authority and agency independence — with consequences for every regulated sector.

This U.S. Supreme Court Term includes several cases testing how far the president can reshape the economy, whether executive agencies can maintain independence, and when the Court will intervene. Rulings are expected by late June, when the Court finishes its term, though the cases discussed in this article (particularly the challenge to the Trump administration’s tariff regime) could be decided earlier.

The unresolved scope of presidential authority has created business uncertainty regarding pricing, taxes, regulatory tempo, and supply chains. The Court’s decisions could reduce business uncertainty by placing guardrails on that authority, or it could amplify the instability by permitting broad presidential power, even in matters impacting the domestic economy.

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This informational piece, which may be considered advertising under the ethical rules of certain jurisdictions, is provided on the understanding that it does not constitute the rendering of legal advice or other professional advice by Goodwin or its lawyers. Prior results do not guarantee similar outcomes.

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