Should the Supreme Court read Trump's Twitter?
President Trump talks a lot. Should everything he says be relevant in court?
That's an increasingly key question, as the president's personal rhetoric at rallies and on his busy Twitter account often diverges from the language of executive orders and other statements put out by his administration. When the resultant policies are challenged in court, judges are faced with a new conundrum of whether to consider Trump's personally expressed motives or official texts alone.
For example, in the court battles preceding Trump's issuance of the final, indefinite travel ban on visitors from eight nations, most of them majority-Muslim, the U.S. 9th Circuit Court of Appeals struck down a previous version in part because of Trump's revealing rhetoric. The states of Washington and Minnesota "offered evidence of numerous statements by the president about his intent to implement a 'Muslim ban,'" the court noted, which showed the executive order was discriminatory in its intent.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
However, as a FiveThirtyEight analysis explains Monday, the Supreme Court would later disagree, with a majority opinion by Chief Justice John Roberts acknowledging Trump's comments but nevertheless concluding the final order was based on legitimate security considerations.
The question remains which approach will prevail going forward. "What's head-spinning about Trump is that there are a lot of cases where ... there doesn't seem to be a lot of room for doubt about his intentions," Richard Primus, a constitutional law professor at the University of Michigan, told FiveThirtyEight. Still, Primus predicted SCOTUS "will continue to insist on acting like they don't know the president's motivating attitudes," even though this could help Trump and any future presidents with similarly loose lips openly perpetrate abuses of power.
Read the full FiveThirtyEight breakdown of the implications of bringing Trump's tweets to court here.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Bonnie Kristian was a deputy editor and acting editor-in-chief of TheWeek.com. She is a columnist at Christianity Today and author of Untrustworthy: The Knowledge Crisis Breaking Our Brains, Polluting Our Politics, and Corrupting Christian Community (forthcoming 2022) and A Flexible Faith: Rethinking What It Means to Follow Jesus Today (2018). Her writing has also appeared at Time Magazine, CNN, USA Today, Newsweek, the Los Angeles Times, and The American Conservative, among other outlets.
-
The best homes of the year
Feature Featuring a grand turret entrance in New York and built-in glass elevator in Arizona
By The Week Staff Published
-
Nordstrom family, investor to take retail chain private
Speed Read The business will be acquired by members of the family and El Puerto de Liverpool, a Mexican real estate company
By Peter Weber, The Week US Published
-
Biden commutes most federal death sentences
Speed Read The president downgraded the punishment of 37 of 40 prisoners on death row to life in prison without parole
By Peter Weber, The Week US Published
-
ABC News to pay $15M in Trump defamation suit
Speed Read The lawsuit stemmed from George Stephanopoulos' on-air assertion that Trump was found liable for raping writer E. Jean Carroll
By Peter Weber, The Week US Published
-
Judge blocks Louisiana 10 Commandments law
Speed Read U.S. District Judge John deGravelles ruled that a law ordering schools to display the Ten Commandments in classrooms was unconstitutional
By Peter Weber, The Week US Published
-
ATF finalizes rule to close 'gun show loophole'
Speed Read Biden moves to expand background checks for gun buyers
By Peter Weber, The Week US Published
-
Hong Kong passes tough new security law
Speed Read It will allow the government to further suppress all forms of dissent
By Peter Weber, The Week US Published
-
France enshrines abortion rights in constitution
speed read It became the first country to make abortion a constitutional right
By Peter Weber, The Week US Published
-
Texas executes man despite contested evidence
Speed Read Texas rejected calls for a rehearing of Ivan Cantu's case amid recanted testimony and allegations of suppressed exculpatory evidence
By Peter Weber, The Week US Published
-
Supreme Court wary of state social media regulations
Speed Read A majority of justices appeared skeptical that Texas and Florida were lawfully protecting the free speech rights of users
By Peter Weber, The Week US Published
-
Greece legalizes same-sex marriage
Speed Read Greece becomes the first Orthodox Christian country to enshrine marriage equality in law
By Peter Weber, The Week US Published