Politics
Opinion: From legal bribery to Trump's immunity, a dark theme ran through the Supreme Court's term
In the three years since conservatives seized a Supreme Court supermajority, they have overruled at least one major precedent a year. This year, from crippling federal agencies to giving presidents sweeping protection from accountability, they showed no signs of slowing down.
While it’s difficult to boil down any Supreme Court term to a single theme, this one was marked by the court’s determination to make the country safe for corruption. Officials who abuse their offices — including Supreme Court justices eager to seize power at the expense of democracy — had a very good year.
Take, for example, Snyder vs. United States, in which the court rewrote federal anti-corruption laws to permit rather than prohibit corruption.
The case concerned a trucking company that paid an Indiana mayor $13,000 for “consulting services” after his city awarded the company a $1.1-million contract. In considering whether state and local officials may receive gifts, tips or gratuities for official acts, the court’s six Republican-appointed justices concluded that such rewards are perfectly legal even though, as Justice Ketanji Brown Jackson explained in dissent, they “are functionally indistinguishable from taking a bribe.”
Jackson pointedly wrote that the majority’s “absurd and atextual reading of the statute is one only today’s Court could love.” Indeed, the majority that decided the case included Justices Clarence Thomas and Samuel A. Alito Jr., who themselves have accepted gifts and rewards from billionaires, some of whom have a stake in the court’s business.
The court’s penchant for insulating abuses of power from accountability is not limited to public corruption. In a series of less noticed cases, the court gave powerful corporations a kind of immunity from regulation even when they endanger the public. These cases are technical, but their effects are profound.
In one such case, the court overruled the 40-year-old so-called Chevron doctrine, asserting that the federal courts, not federal agencies, have the power to determine when corporations violate federal environmental, consumer protection, workplace safety and public health laws. Under Chevron, when a statute was ambiguous, courts were required to defer to the judgments of expert administrative agencies. Now the courts, many of them stocked with conservative judges who are hostile to regulation and keen on catering to corporate interests, have the last word.
That’s not all. The court also claimed the power to second-guess and pick apart agency regulations, making it easier for companies to challenge them. In Ohio vs. Environmental Protection Agency, five Republican justices blocked an EPA anti-pollution rule because they didn’t think the agency’s experts had sufficiently explained their efforts to control ozone pollution.
(It was not clear that the court itself possessed the expertise to render this determination. The majority opinion initially confused nitrogen oxides, which cause smog, with nitrous oxide, the “laughing gas” often used for dental procedures.)
In another attack on agency authority, the court hobbled the Securities and Exchange Commission’s ability to enforce federal securities laws. In SEC vs. Jarkesy, the conservative bloc held that agencies can’t use administrative law judges and internal procedures to impose civil penalties on companies that violate federal securities laws.
Rather, the court declared that companies are entitled to have these cases heard in the federal courts, which are slower than the agencies and populated with Trump appointees handpicked by the Federalist Society partly for their enthusiasm for deregulation. The ruling is likely to force agencies to triage their enforcement of securities laws, focusing on the most egregious violations while abandoning smaller claims often brought by individual investors.
On the last day of the term, the court tilted the legal landscape even further in favor of corporations by inviting more challenges to regulation. In an under-the-radar case, the six conservatives held that plaintiffs may challenge even long-standing agency regulations as long as they claim some new injury from them. As Justice Jackson warned in dissent, this means any new business can contest even thoroughly established regulations, and “well-heeled litigants” can “game the system by creating new entities” to challenge such rules.
The finale of a term preoccupied with protecting corrupt abuses of power was, of course, the decision effectively crowning the president a king unbound by the constraints of law. In Trump vs. United States, the court granted presidents “absolute immunity” from criminal prosecution when they are exercising their core constitutional authority — even if they are abusing that authority for corrupt ends. That means special counsel Jack Smith, for instance, can’t prosecute Donald Trump for pressuring the Department of Justice to gin up baseless allegations of voter fraud.
This decision is all the more terrifying in light of the former president’s promise to seek retribution and prosecute his political rivals and critics. The majority’s embrace of an executive absolutely unfettered by judgment or law was so chilling that Justice Sonia Sotomayor, joined by Justices Elena Kagan and Jackson, was moved to write, “With fear for our democracy, I dissent.”
But the immunity decision goes even further by cloaking presidents with at least a presumption of immunity for any actions that fall within the perimeters of their official duties. There too, the court insisted that the president’s motives are irrelevant even if he corruptly abuses the powers of his office — say, by ordering his subordinates to prosecute or assassinate a rival. Indeed, the court even made it difficult to prove abuses of presidential power by prohibiting prosecutors from introducing evidence of the president’s motives for official acts, which effectively blocks any criminal prosecution of such conduct.
In all, it’s been a banner term for public and private corruption, which the court’s conservatives repeatedly blessed in its various forms. Even in dodging any substantial holding on two key abortion cases, which on the surface had little to do with government or corporate accountability, the court seemed to be striving to limit the salience of reproductive rights in the coming election. So as the court was seizing power and using it to enable corruption, it also invited suspicion that it was corruptly using its own power to boost the electoral fortunes of the party it favors.
Leah Litman is a professor of law at the University of Michigan Law School. Melissa Murray is a professor of law at the New York University School of Law. They are co-hosts of the “Strict Scrutiny” podcast.
Politics
Trump plans to meet with Venezuela opposition leader Maria Corina Machado next week
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President Donald Trump said on Thursday that he plans to meet with Venezuelan opposition leader Maria Corina Machado in Washington next week.
During an appearance on Fox News’ “Hannity,” Trump was asked if he intends to meet with Machado after the U.S. struck Venezuela and captured its president, Nicolás Maduro.
“Well, I understand she’s coming in next week sometime, and I look forward to saying hello to her,” Trump said.
Venezuelan opposition leader Maria Corina Machado waves a national flag during a protest called by the opposition on the eve of the presidential inauguration, in Caracas on January 9, 2025. (JUAN BARRETO/AFP via Getty Images)
This will be Trump’s first meeting with Machado, who the U.S. president stated “doesn’t have the support within or the respect within the country” to lead.
According to reports, Trump’s refusal to support Machado was linked to her accepting the 2025 Nobel Peace Prize, which Trump believed he deserved.
But Trump later told NBC News that while he believed Machado should not have won the award, her acceptance of the prize had “nothing to do with my decision” about the prospect of her leading Venezuela.
Politics
California sues Trump administration over ‘baseless and cruel’ freezing of child-care funds
California is suing the Trump administration over its “baseless and cruel” decision to freeze $10 billion in federal funding for child care and family assistance allocated to California and four other Democratic-led states, Atty. Gen. Rob Bonta announced Thursday.
The lawsuit was filed jointly by the five states targeted by the freeze — California, New York, Minnesota, Illinois and Colorado — over the Trump administration’s allegations of widespread fraud within their welfare systems. California alone is facing a loss of about $5 billion in funding, including $1.4 billion for child-care programs.
The lawsuit alleges that the freeze is based on unfounded claims of fraud and infringes on Congress’ spending power as enshrined in the U.S. Constitution. The White House did not immediately respond to a request for comment.
“This is just the latest example of Trump’s willingness to throw vulnerable children, vulnerable families and seniors under the bus if he thinks it will advance his vendetta against California and Democratic-led states,” Bonta said at a Thursday evening news conference.
The $10-billion funding freeze follows the administration’s decision to freeze $185 million in child-care funds to Minnesota, where federal officials allege that as much as half of the roughly $18 billion paid to 14 state-run programs since 2018 may have been fraudulent. Amid the fallout, Gov. Tim Walz has ordered a third-party audit and announced that he will not seek a third term.
Bonta said that letters sent by the U.S. Department of Health and Human Services announcing the freeze Tuesday provided no evidence to back up claims of widespread fraud and misuse of taxpayer dollars in California. The freeze applies to the Temporary Assistance for Needy Families program, the Social Services Block Grant program and the Child Care and Development Fund.
“This is funding that California parents count on to get the safe and reliable child care they need so that they can go to work and provide for their families,” he said. “It’s funding that helps families on the brink of homelessness keep roofs over their heads.”
Bonta also raised concerns regarding Health and Human Services’ request that California turn over all documents associated with the state’s implementation of the three programs. This requires the state to share personally identifiable information about program participants, a move Bonta called “deeply concerning and also deeply questionable.”
“The administration doesn’t have the authority to override the established, lawful process our states have already gone through to submit plans and receive approval for these funds,” Bonta said. “It doesn’t have the authority to override the U.S. Constitution and trample Congress’ power of the purse.”
The lawsuit was filed in federal court in Manhattan and marked the 53rd suit California had filed against the Trump administration since the president’s inauguration last January. It asks the court to block the funding freeze and the administration’s sweeping demands for documents and data.
Politics
Video: Trump Says ‘Only Time Will Tell’ How Long U.S. Controls Venezuela
new video loaded: Trump Says ‘Only Time Will Tell’ How Long U.S. Controls Venezuela
transcript
transcript
Trump Says ‘Only Time Will Tell’ How Long U.S. Controls Venezuela
President Trump did not say exactly how long the the United states would control Venezuela, but said that it could last years.
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“How Long do you think you’ll be running Venezuela?” “Only time will tell. Like three months. six months, a year, longer?” “I would say much longer than that.” “Much longer, and, and —” “We have to rebuild. You have to rebuild the country, and we will rebuild it in a very profitable way. We’re going to be using oil, and we’re going to be taking oil. We’re getting oil prices down, and we’re going to be giving money to Venezuela, which they desperately need. I would love to go, yeah. I think at some point, it will be safe.” “What would trigger a decision to send ground troops into Venezuela?” “I wouldn’t want to tell you that because I can’t, I can’t give up information like that to a reporter. As good as you may be, I just can’t talk about that.” “Would you do it if you couldn’t get at the oil? Would you do it —” “If they’re treating us with great respect. As you know, we’re getting along very well with the administration that is there right now.” “Have you spoken to Delcy Rodríguez?” “I don’t want to comment on that, but Marco speaks to her all the time.”
January 8, 2026
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