Michael McConnell
Michael McConnell is a constitutional law scholar, the Richard and Frances Mallery Professor of Law and director of the Constitutional Law Center at Stanford Law School, and a senior fellow at the Hoover Institution. His work focuses on constitutional law, separation of powers, and presidential authority; he previously served as a judge on the U.S. Court of Appeals for the Tenth Circuit.
Courts Can Restrain Executive Power, but the Checks Move Slowly
Michael McConnell argues that constitutional checks on presidential power can work, but often move more slowly than the executive branch. In a Hoover Institution discussion, the former federal appellate judge points to immigration enforcement and tariffs as cases where courts challenged administration actions, while arguing that the boundary between lawful executive authority and overreach remains especially difficult to draw in foreign affairs. He also defends a decentralized court system, saying multiple courts should develop legal arguments before a nationwide resolution.
Trump’s Biggest Court Losses Tested the Limits of Presidential Power
Michael McConnell argues that the Supreme Court’s record in major cases involving Donald Trump does not support the claim that the justices are simply in the president’s pocket. Trump won important rulings on presidential authority, but the court also rejected several positions central to his agenda, including on birthright citizenship and tariffs. McConnell says the decisions are better judged case by case: some wins rested on longstanding legal arguments, while the losses show limits on presidential power.
The Supreme Court’s 80% Emergency Win Rate Reflects Case Selection
Michael McConnell argues that the gap between the Trump administration’s frequent losses in lower courts and its high win rate at the Supreme Court does not show that the justices are simply serving the president. The figures concern emergency cases, and the appeals reaching the Supreme Court are a small, selected share of lower-court disputes. McConnell says the Court has generally upheld presidential control over the executive branch while limiting claims of executive power over the public, often resolving urgent cases cautiously without settling their legality.