Le inquietudini della Corte Suprema: a prima lettura di Trump v. CASA

Abstract

The Supreme Court's apprehensions: a first reading of Trump v. CASA – This article examines Trump v. CASA through the lens of Grant Gilmore’s framework in The Ages of American Law. It argues that the current Supreme Court seems to be pursuing a return to a new “age of faith,” seeking historically grounded “right answers” to contemporary legal questions. Rather than reducing the case to an ideological clash between a conservative majority and a liberal minority, the analysis focuses on the legal dimensions of the decision, particularly the power of federal courts to issue nationwide preliminary injunctions. The article explores both the immediate practical effects of the ruling—possibly overstated in early commentary—and its deeper constitutional implications, especially regarding the limits of presidential power and the argumentative strategies employed by the majority and dissenting opinions.

Keywords: Trump v. CASA; U.S. Supreme Court; Preliminary injunctions; Presidential power; Constitutional interpretation