The Supreme Court faces a serious problem in the court of public opinion, to which SCOTUS decisions may sometimes be appealed. If the Court, having invalidated the President’s tariffs, also invalidates the birthright citizenship order (whether on statutory or constitutional grounds is irrelevant), the Court will have invalidated the President’s two main or signature issues, on which he has campaigned since 2016 and twice won the Presidency. And it will have, in effect if not in intention, taken the side of the pre-Trump bipartisan orthodoxy that is now waning — taken the side of free trade and de facto free immigration. I do not say that this is how the Justices think, from an internal standpoint, but it is not a “good look” for the Court to appear to be enforcing the platform of the Old Uniparty just at the moment in American history when the Old Uniparty has lost control and electoral credibility. (This will be especially stark if, and I think when, J.D. Vance is elected on broadly the same sort of platform as was Trump; the Court’s apparent taking of sides on an ongoing political dispute may even itself help Vance electorally).