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Trump’s court workarounds push limits but are within legal bounds, experts say

The administration is using alternate statutes and executive actions to keep tariffs, immigration steps and other priorities alive after court losses.

  • President Donald Trump is pursuing alternative legal authorities following Supreme Court setbacks, signing new executive orders on birthright citizenship on August 6 and opening Section 301 trade investigations.
  • On June 30, the Supreme Court rejected Trump's attempt to deny birthright citizenship and struck down his tariff authority under the 1977 International Emergency Economic Powers Act.
  • Trump pivoted to Section 122 of the Trade Act of 1974, imposing at least 10% duties on over 60 trading partners while refunding roughly $166 billion to businesses.
  • Thomas Berry, a legal scholar with the Cato Institute, said Trump's actions remain "not out of legal bounds," though the brinksmanship "often clearly runs contrary to some of the spirit of the law."
  • Despite a record-low 33% approval rating from Reuters/Ipsos published August 17, Trump's hand-picked board voted August 13 to re-affix his name to the John F. Kennedy Center for the Performing Arts.
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Trump’s court workarounds push limits but are within legal bounds, experts say

President Donald Trump speaks during an event in the Oval Office on August 6, 2026. Trump signed an executive order during the event denying birthright citizenship to children of foreign diplomats after a loss at the U.S. Supreme Court limited an earlier order. (Photo by Alex Wong/Getty Images)WASHINGTON — President Donald Trump has not slowed his pursuit of central policy goals and personal pursuits, even after major setbacks at the U.S. Suprem…

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Source New Mexico broke the news on Friday, August 21, 2026.
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