Civics Series: Presidents Opposing the Supreme Court

History of Presidents Opposing the Supreme Court

Separation of Powers

Seals of the Three Branches of the US Government. Image: Wikimedia

The question on many people’s minds right now is: What’s going on between the President and the Supreme Court? How does the separation of powers between the US government’s Executive, Judicial, and Legislative branches work?

A more helpful question, to put it in historical perspective, is:

Have any US Presidents either ignored or opposed the dictates of the Supreme Court, and what can we learn from this history?

Supreme Court building, Washington, DC. Image: Associated Press

The short answer may be surprising, but the longer answer is more intriguing:

• Short answer: Yes, it’s happened at least 10 times in American history
• Longer answer: Sometimes they succeeded, sometimes they didn’t

Is there a difference between Ignore and Oppose?

Not much; in both cases, these words describe presidential defiance of the Supreme Court. However, there is a difference in the level of acrimoniousness. Outright defiance by…