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    Supreme Court Upholds Trump-Era Tax Provision

    The tax dispute, which was closely watched by experts, involved a one-time foreign income tax, but many saw it as a broader challenge to pre-emptively block Congress from passing a wealth tax.The Supreme Court on Thursday upheld a tax on foreign income that helped finance the tax cuts President Donald J. Trump imposed in 2017 in a case that many experts had cautioned could undercut the nation’s tax system.The vote was 7 to 2, with Justice Brett M. Kavanaugh writing the majority opinion. He was joined by Chief Justice John G. Roberts Jr., and the court’s three liberals. Justice Amy Coney Barrett wrote a concurring opinion, joined by Justice Samuel A. Alito Jr., and Justice Clarence Thomas dissented, joined by Justice Neil M. Gorsuch.The question before the justices appeared narrow at first glance: Is the tax in question allowed under the Constitution, which gives Congress limited powers of taxation?In the majority opinion, Justice Kavanaugh wrote that the tax fell within the authority of Congress under the Constitution.Many tax experts had warned that striking down the tax could have wide repercussions. Such a move could have threatened to fundamentally change how income is defined, block efforts to tax billionaires’ wealth and undermine enforcement for all sorts of other taxes, which amount to billions in revenue for the government.Among the defenders of the law was Paul Ryan, the Republican and former House speaker who helped write the legislation. Upending the tax, Mr. Ryan said, could endanger up to a third of the U.S. tax code. He joined the Biden administration and some other conservatives in seeking to keep the law intact.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Senate Republicans Block Supreme Court Ethics Measure Pushed by Democrats

    Democrats made what they knew was a doomed attempt as they faced pressure from the left to do more to try to hold the court accountable.Senate Republicans on Wednesday blocked an effort by Democrats to quickly pass Supreme Court ethics and transparency legislation they had pushed forward in the wake of disclosures about justices taking unreported gifts and travel and other ethical issues surrounding the high court.The unsuccessful outcome was predetermined, but represented an effort by Senate Democrats to show they were pressing the case against the court. It was also aimed at demonstrating the limits of their power given the narrow divide in the Senate and deep Republican opposition to Congress taking action to impose stricter ethics rules on the justices.“The ethics crisis at the Supreme Court, the highest court in the land, is unacceptable,” Senator Richard J. Durbin, the Illinois Democrat who chairs the Judiciary Committee, said in calling for the measure to be approved. “It is unsustainable and it’s unworthy of the highest court in the land.”Republicans assailed the bill as a naked effort by Democrats to undercut the court because of ideological disagreements with its decisions, particularly with major rulings about to be handed down. They accused Democrats of trying to intimidate the justices.“Let’s be clear: This is not about improving the court, this is about undermining the court,” said Senator Lindsey Graham of South Carolina, the top Republican on the Judiciary Committee, who lodged the objection to taking up the bill. “This will be an unconstitutional overreach. This would undermine the court’s ability to operate effectively.”The move by Democrats came as progressives have been ramping up their demands for more aggressive action in the Senate.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Justice Alito’s Wife, in Secretly Recorded Conversation, Complains About Pride Flag

    In a conversation with a woman posing as a conservative supporter, Martha-Ann Alito appeared to push back against having to look at a symbol of L.G.B.T.Q. rights.Justice Samuel A. Alito Jr.’s wife, Martha-Ann, recently told a woman posing as a conservative supporter that she wanted to fly a Catholic flag at the couple’s Virginia home in response to a Pride flag in her neighborhood.“You know what I want?” the justice’s wife said to the woman, Lauren Windsor, who secretly recorded the conversation during a black-tie event last week at the Supreme Court. “I want a Sacred Heart of Jesus flag because I have to look across the lagoon at the Pride flag for the next month.”But Ms. Alito said that after she suggested the Sacred Heart of Jesus flag as a retort to the symbol for L.G.B.T.Q. rights, her husband said, “Oh, please, don’t put up a flag.”She said that she had agreed, for now, but that she had told him that “when you are free of this nonsense,” “I’m putting it up and I’m going to send them a message every day, maybe every week. I’ll be changing the flags.”She added that she would come up with her own flag, which would be white with yellow and orange flames and read, in Italian, “shame.”The comments from Ms. Alito were posted online late Monday by Ms. Windsor, who describes herself as a documentary filmmaker and “advocacy journalist.” Ms. Windsor, who has a reputation for approaching conservatives, including former Vice President Mike Pence, Representative Jim Jordan of Ohio and Gov. Glenn Youngkin of Virginia, posted edited recordings of Ms. Alito, as well as separate edited recordings of Justice Alito and Chief Justice John G. Roberts Jr., on social media.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Alito and Roberts, Secretly Recorded at Gala, Share Markedly Different Worldviews

    The two justices were surreptitiously recorded at a Supreme Court gala last week by a woman posing as a Catholic conservative.Justice Samuel A. Alito Jr. told a woman posing as a Catholic conservative last week that compromise in America between the left and right might be impossible and then agreed with the view that the nation should return to a place of godliness.“One side or the other is going to win,” Justice Alito told the woman, Lauren Windsor, at an exclusive gala at the Supreme Court. “There can be a way of working, a way of living together peacefully, but it’s difficult, you know, because there are differences on fundamental things that really can’t be compromised.”Ms. Windsor pressed Justice Alito further. “I think that the solution really is like winning the moral argument,” she told him, according to the edited recordings of Justice Alito and Chief Justice John G. Roberts Jr., which were posted and distributed widely on social media on Monday. “Like, people in this country who believe in God have got to keep fighting for that, to return our country to a place of godliness.”“I agree with you, I agree with you,” he responded.The justice’s comments appeared to be in marked contrast to those of Chief Justice Roberts, who was also secretly recorded at the same event but who pushed back against Ms. Windsor’s assertion that the court had an obligation to lead the country on a more “moral path.”“Would you want me to be in charge of putting the nation on a more moral path?” the chief justice said. “That’s for people we elect. That’s not for lawyers.”Ms. Windsor pressed the chief justice about religion, saying, “I believe that the founders were godly, like were Christians, and I think that we live in a Christian nation and that our Supreme Court should be guiding us in that path.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Justice Alito Is Holding Trump to a Different Standard

    I mentioned it in passing in my Friday column, but I was struck — disturbed, really — by one specific point made by Justice Samuel Alito during Thursday’s oral arguments in Trump v. United States.Alito began innocuously enough: “I’m sure you would agree with me that a stable democratic society requires that a candidate who loses an election, even a close one, even a hotly contested one, leave office peacefully if that candidate is the incumbent.”“Of course,” answered Michael Dreeben, the lawyer arguing the case for the Department of Justice.“Now,” Alito continued, “if an incumbent who loses a very close, hotly contested election knows that a real possibility after leaving office is not that the president is going to be able to go off into a peaceful retirement but that the president may be criminally prosecuted by a bitter political opponent, will that not lead us into a cycle that destabilizes the functioning of our country as a democracy?”The implication of Alito’s question is that presidential immunity for all official acts may be a necessary concession to the possibility of a politically motivated investigation and prosecution: Presidents need to be above the law to raise the odds that they follow the law and leave office without incident.If this sounds backward, that’s because it is.There have been, in the nearly 236 years since Americans ratified the Constitution, 45 presidents. Of those, 10 sought but did not win re-election. In every case but one, the defeated incumbents left office without incident. There was no fear that they would try to overturn the results or subvert the process, nor was there any fear that their successors would turn the power of the state against them. Thomas Jefferson did not try to jail John Adams after the close-fought 1800 election; he assured the American people that “we are all republicans, we are all federalists.” Jimmy Carter did not sic the F.B.I. on Gerald Ford in the wake of his narrow victory; he thanked him for “all he has done to heal our land.”By Alito’s lights, this should not have been possible. Why would a president leave if he could be prosecuted as a private citizen? The answer is that the other nine people who lost had a commitment to American democracy that transcended their narrow, personal or partisan interests.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    The Persistent Threat to Abortion Rights

    The Supreme Court this week heard the first major challenge to abortion rights since it struck down Roe v. Wade two years ago — an attempt to severely limit access to mifepristone, the most commonly used abortion pill in the country, by a group of doctors who are morally opposed to the practice.The justices seem prepared to throw out the lawsuit. During oral arguments, they questioned whether the doctors had suffered the harm necessary to bring the suit in the first place.But that should come as small comfort to anyone concerned for the future of reproductive freedom in America. Judges at the state and federal level are ready to further restrict reproductive options and health care access. The presumptive Republican nominee for president, Donald Trump, has indicated support for a 15-week national abortion ban. And while the Supreme Court, in overturning Roe, ostensibly left it to each state to decide abortion policy, several states have gone against the will of their voters on abortion or tried to block ballot measures that would protect abortion rights. Anti-abortion forces may have had a tough week in the Supreme Court, but they remain focused on playing and winning a longer game.Even potential victories for reproductive freedom may prove short-lived: The mifepristone case, for instance, is far from dead. Another plaintiff could bring the same case and have it considered on the merits, a possibility Justice Samuel Alito raised during oral arguments.“Is there anybody who could challenge in court the lawfulness of what the F.D.A. did here?” he asked the solicitor general, Elizabeth Prelogar. Such a challenge would be exceptionally weak, given that the F.D.A. provided substantial support for its approval and regulatory guidance on the use of mifepristone, but the right-wing justices on the Roberts court may be willing to hear it again anyway. The justices have already illustrated their hostility to the authority of administrative agencies, and that hostility may persist even in the face of overwhelming scientific evidence.Then there is the Comstock Act, a 151-year-old federal law that anti-abortion activists are trying to revive to block the mailing of mifepristone and other abortion medication. During the oral arguments this week, Justices Alito and Clarence Thomas repeatedly expressed their openness to the use of the law, which was pushed by an anti-vice crusader decades before women won the right to vote. If anti-abortion activists can get themselves before a sympathetic court and secure a national injunction on this medication being mailed, they may well be able to block access to abortion throughout the country, including in states where it is legal.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    The Best Sentences of 2023

    Over recent days, I took on a daunting task — but a delightful one. I reviewed all the passages of prose featured in the For the Love of Sentences section of my Times Opinion newsletter in 2023 and tried to determine the best of the best. And there’s no doing that, at least not objectively, not when the harvest is so bountiful.What follows is a sample of the sentences that, upon fresh examination, made me smile the widest or nod the hardest or wish the most ardently and enviously that I’d written them. I hope they give you as much pleasure as they gave me when I reread them.I also hope that those of you who routinely contribute to For the Love of Sentences, bringing gems like the ones below to my attention, know how grateful to you I am. This is a crowdsourced enterprise. You are the wise and deeply appreciated crowd.Finally, I hope 2024 brings all of us many great things, including many great sentences.Let’s start with The Times. Dwight Garner noted how a certain conservative cable network presses on with its distortions, despite being called out on them and successfully sued: “Fox News, at this point, resembles a car whose windshield is thickly encrusted with traffic citations. Yet this car (surely a Hummer) manages to barrel out anew each day, plowing over six more mailboxes, five more crossing guards, four elderly scientists, three communal enterprises, two trans kids and a solar panel.”Erin Thompson reflected on the fate of statues memorializing the Confederacy: “We never reached any consensus about what should become of these artifacts. Some were reinstalled with additional historical context or placed in private hands, but many simply disappeared into storage. I like to think of them as America’s strategic racism reserve.”Pamela Paul examined an embattled (and later dethroned) House speaker who tried to divert attention to President Biden’s imagined wrongdoing: “As Kevin McCarthy announced the impeachment inquiry, you could almost see his wispy soul sucked out Dementor-style, joining whatever ghostly remains of Paul Ryan’s abandoned integrity still wander the halls of Congress.”Damon Winter/The New York TimesTom Friedman cut to the chase: “What Putin is doing in Ukraine is not just reckless, not just a war of choice, not just an invasion in a class of its own for overreach, mendacity, immorality and incompetence, all wrapped in a farrago of lies. What he is doing is evil.”Maureen Dowd eulogized her friend Jimmy Buffett: “When he was a young scalawag, he found the Life Aquatic and conjured his art from it, making Key West the capital of Margaritaville. He didn’t waste away there; he spun a billion-dollar empire out of a shaker of salt.” She also assessed Donald Trump’s relationship to his stolen-election claims and concluded that “the putz knew his push for a putsch was dishonest.” And she sat down with Nancy Pelosi right after Pelosi gave up the House speaker’s gavel: “I was expecting King Lear, howling at the storm, but I found Gene Kelly, singing in the rain.”Bret Stephens contrasted the two Republicans who represent Texas in the Senate, John Cornyn and Ted Cruz: “Whatever else you might say about Cornyn, he is to the junior senator from Texas what pumpkin pie is to a jack-o’-lantern.”Jamelle Bouie diagnosed the problem with the Florida governor’s presidential campaign: “Ron DeSantis cannot escape the fact that it makes no real sense to try to run as a more competent Donald Trump, for the simple reason that the entire question of competence is orthogonal to Trump’s appeal.”Alexis Soloski described her encounter with the actor Taylor Kitsch: “There’s a lonesomeness at the core of him that makes women want to save him and men want to buy him a beer. I am a mother of young children and the temptation to offer him a snack was sometimes overwhelming.”Jane Margolies described a growing trend of corporate office buildings trimmed with greenery that requires less maintenance: “As manicured lawns give way to meadows and borders of annuals are replaced by wild and woolly native plants, a looser, some might say messier, aesthetic is taking hold. Call it the horticultural equivalent of bedhead.”Nathan Englander contrasted Tom Cruise in his 50s with a typical movie star of that age 50 years ago: “Try Walter Matthau in ‘The Taking of Pelham 123.’ I’m not saying he wasn’t a dreamboat. I’m saying he reflects a life well lived in the company of gravity and pastrami.”And David Mack explained the endurance of sweatpants beyond their pandemic-lockdown, Zoom-meeting ubiquity: “We are now demanding from our pants attributes we are also seeking in others and in ourselves. We want them to be forgiving and reassuring. We want them to nurture us. We want them to say: ‘I was there, too. I experienced it. I came out on the other side more carefree and less rigid. And I learned about the importance of ventilation in the process.’”The ethical shortcomings of Supreme Court justices generated some deliciously pointed commentary. In Slate, for example, Dahlia Lithwick parsed the generosity of billionaires that Justices Samuel Alito and Clarence Thomas have so richly enjoyed. “A #protip that will no doubt make those justices who have been lured away to elaborate bear hunts and deer hunts and rabbit hunts and salmon hunts by wealthy oligarchs feel a bit sad: If your close personal friends who only just met you after you came onto the courts are memorializing your time together for posterity, there’s a decent chance you are, in fact, the thing being hunted,” she wrote.Greg Kahn for The New York TimesIn The Washington Post, Alexandra Petri mined that material by mimicking the famous opening line of “Pride and Prejudice” by Jane Austen: “It is a truth universally acknowledged that an American billionaire, in possession of sufficient fortune, must be in want of a Supreme Court justice.”Also in The Post, the book critic Ron Charles warned of censorship from points across the political spectrum: “Speech codes and book bans may start in opposing camps, but both warm their hands over freedom’s ashes.” He also noted the publication of “Manhood: The Masculine Virtues America Needs,” by Senator Josh Hawley: “The book’s final cover contains just text, including the title so oversized that the word ‘Manhood’ can’t even fit on one line — like a dude whose shoulders are so broad that he has to turn sideways to flee through the doors of the Capitol.”Rick Reilly put Mike McDaniel, the sunny head coach of the Miami Dolphins, and Bill Belichick, the gloomy head coach of the New England Patriots, side by side: “One is as open as a new Safeway, and the other is as closed up as an old submarine. One will tell you anything you want; the other will hand out information on a need-to-go-screw-yourself basis. One looks like a nerd who got lost on a stadium tour and wound up as head coach. The other looks like an Easter Island statue nursing a grudge.”Matt Bai challenged the argument that candidates for vice president don’t affect the outcomes of presidential races: “I’d argue that Sarah Palin mattered in 2008, although she was less of a running mate than a running gag.”David Von Drehle observed: “Golf was for decades — for centuries — the province of people who cared about money but never spoke of it openly. Scots. Episcopalians. Members of the Walker and Bush families. People who built huge homes then failed to heat them properly. People who drove around with big dogs in their old Mercedes station wagons. People who greeted the offer of a scotch and soda by saying, ‘Well, it’s 5 o’clock somewhere!’”And Robin Givhan examined former President Jimmy Carter’s approach to his remaining days: “Hospice care is not a matter of giving up. It’s a decision to shift our efforts from shoring up a body on the verge of the end to providing solace to a soul that’s on the cusp of forever.”In his newsletter on Substack, Kareem Abdul-Jabbar appraised the Lone Star State’s flirtation with secession: “This movement is called Texit and it’s not just the folly of one Republican on the grassy knoll of idiocy.”In The Chronicle of Higher Education, Emma Pettit experienced cognitive dissonance as she examined the academic bona fides of a “Real Housewives of Potomac” cast member: “It’s unusual for any professor to star on any reality show, let alone for a Johns Hopkins professor to star on a Bravo series. The university’s image is closely aligned with world-class research, public health and Covid-19 tracking. The Real Housewives’ image is closely aligned with promotional alcohol, plastic surgery and sequins.”In The Los Angeles Times, Jessica Roy explained the stubborn refusal of plastic bags to stay put: “Because they’re so light, they defy proper waste management, floating off trash cans and sanitation trucks like they’re being raptured by a garbage god.”In The News & Observer of Raleigh, N.C., Josh Shaffer pondered the peculiarity of the bagpipe, “shaped like an octopus in plaid pants, sounding to some like a goose with its foot caught in an escalator and played during history’s most lopsided battles — by the losing side.”Space Frontiers/Getty ImagesIn Salon, Melanie McFarland reflected on the futility of Chris Licht’s attempts, during his short-lived stint at the helm of CNN, to get Republican politicians and viewers to return to the network: “You might as well summon Voyager 1 back from deep space by pointing your TV remote at the sky and pressing any downward-pointing arrow.”In Politico, Rich Lowry contextualized Trump’s appearance at his Waco, Texas, rally with the J6 Prison Choir: “It’d be a little like Richard Nixon running for the 1976 Republican presidential nomination, and campaigning with a barbershop quartet made up of the Watergate burglars.”In The Atlantic, Tom Nichols observed that many Republican voters “want Trump, unless he can’t win; in that case, they’d like a Trump who can win, a candidate who reeks of Trump’s cheap political cologne but who will wisely wear somewhat less of it while campaigning in the crowded spaces of a general election.”Also in The Atlantic, Derek Thompson needled erroneous recession soothsayers: “Economic models of the future are perhaps best understood as astrology faintly decorated with calculus equations.”And David Frum noted one of the many peculiarities of the televised face-off between DeSantis and Gavin Newsom: “In the debate’s opening segments, the moderator, Sean Hannity, stressed again and again that his questions would be fact-based — like a proud host informing his guests that tonight he will serve the expensive wine.”In The New Yorker, Jonathan Franzen mulled an emotion: “Joy can be as strong as Everclear or as mild as Coors Light, but it’s never not joy: a blossoming in the heart, a yes to the world, a yes to being alive in it,” he wrote.Also in The New Yorker, David Remnick analyzed the raw, warring interpretations of the massacre in Israel on Oct. 7: “There were, of course, facts — many of them unknown — but the narratives came first, all infused with histories and counterhistories, grievances and 50 varieties of fury, all rushing in at the speed of social media. People were going to believe what they needed to believe.”Zach Helfand explained the fascination with monster trucks in terms of our worship of size, noting that “people have always liked really big stuff, particularly of the unnecessary variety. Stonehenge, pyramids, colossi, Costco.”And Anthony Lane found the pink palette of “Barbie” a bit much: “Watching the first half-hour of this movie is like being waterboarded with Pepto-Bismol.” He also provided a zoological breakdown of another hit movie, “Cocaine Bear”: “The animal kingdom is represented by a butterfly, a deer and a black bear. Only one of these is on cocaine, although with butterflies you can never really tell.”In The Guardian, Sam Jones paid tribute to a remarkably durable pooch named Bobi: “The late canine, who has died at the spectacular age of 31 years and 165 days, has not so much broken the record for the world’s longest-lived dog as shaken it violently from side to side, torn it to pieces, buried it and then cocked a triumphant, if elderly, leg over it.”In The Wall Street Journal, Jason Gay rendered a damning (and furry!) judgment of the organization that oversees college sports: “Handing the N.C.A.A. an investigation is like throwing a Frisbee to an elderly dog. Maybe you get something back. Maybe the dog lies down and chews a big stick.” He separately took issue with a prize his daughter won at a state fair: “I don’t know how many of you own a six-and-a-half-foot, bright blue stuffed lemur, but it is not exactly the type of item that blends into a home. You do not put it in the living room and say: perfect. It instantly becomes the most useless item in the house, and I own an exercise bike.”Also in The Journal, Peggy Noonan described McCarthy’s toppling as House speaker by Matt Gaetz and his fellow right-wing rebels: “It’s as if Julius Caesar were stabbed to death in the Forum by the Marx Brothers.” In another column, she skewered DeSantis, who gives off the vibe “that he might unplug your life support to recharge his cellphone.”On her website The Marginalian, the Bulgarian essayist Maria Popova wrote: “We were never promised any of it — this world of cottonwoods and clouds — when the Big Bang set the possible in motion. And yet here we are, atoms with consciousness, each of us a living improbability forged of chaos and dead stars. Children of chance, we have made ourselves into what we are — creatures who can see a universe of beauty in the feather of a bird and can turn a blind eye to each other’s suffering, creatures capable of the Benedictus and the bomb.”Finally, in The Mort Report, Mort Rosenblum despaired: “Too many voters today are easily conned, deeply biased, impervious to fact and bereft of survival instincts. Contrary to myth, frogs leap out of heating pots. Stampeding cattle stop at a cliff edge. Lemmings don’t really commit mass suicide. We’ll find out about Americans in 2024.” More

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    New Trump Cases Shadowed by Rocky Relationship With Supreme Court

    Though he appointed three justices, his administration had the worst track record before the justices since at least the 1930s.“I’m not happy with the Supreme Court,” President Donald J. Trump said on Jan. 6, 2021. “They love to rule against me.”His assessment of the court, in a speech delivered outside the White House urging his supporters to march on the Capitol, had a substantial element of truth in it.Other parts of the speech were laced with fury and lies, and the Colorado Supreme Court cited some of those passages on Tuesday as evidence that Mr. Trump has engaged in insurrection and was ineligible to hold office again.But Mr. Trump’s reflections on the U.S. Supreme Court in the speech, freighted with grievance and accusations of disloyalty, captured not only his perspective but also an inescapable reality. A fundamentally conservative court, with a six-justice majority of Republican appointees that includes three named by Mr. Trump himself, has not been particularly receptive to his arguments.Indeed, the Trump administration had the worst Supreme Court record of any since at least the Roosevelt administration, according to data developed by Lee Epstein and Rebecca L. Brown, law professors at the University of Southern California, for an article in Presidential Studies Quarterly.“Whether Trump’s poor performance speaks to the court’s view of him and his administration or to the justices’ increasing willingness to check executive authority, we can’t say,” the two professors wrote in an email. “Either way, though, the data suggest a bumpy road for Trump in cases implicating presidential power.”Now another series of Trump cases are at the court or on its threshold: one on whether he enjoys absolute immunity from prosecution, another on the viability of a central charge in the federal election-interference case and the third, from Colorado, on whether he was barred from another term under the 14th Amendment.The cases pose distinct legal questions, but earlier decisions suggest they could divide the court’s conservative wing along a surprising fault line: Mr. Trump’s appointees have been less likely to vote for him in some politically charged cases than Justice Clarence Thomas, who was appointed by the first President Bush, and Justice Samuel A. Alito Jr., who was appointed by the second one.In his speech at the Ellipse on Jan. 6, Mr. Trump spoke ruefully about his three appointees: Justices Neil M. Gorsuch, Brett M. Kavanaugh and Amy Coney Barrett, suggesting that they had betrayed him to establish their independence.“I picked three people,” he said. “I fought like hell for them.”In a speech at the Ellipse on Jan. 6, 2021, Mr. Trump spoke ruefully about his three appointees and suggested that they had betrayed him to establish their independence.Pete Marovich for The New York TimesMr. Trump said his nominees had abandoned him, blaming his losses on the justices’ eagerness to participate in Washington social life and to assert their independence from the charge that “they’re my puppets.”He added: “And now the only way they can get out of that because they hate that it’s not good in the social circuit. And the only way they get out is to rule against Trump. So let’s rule against Trump. And they do that.”Mr. Trump has criticized Chief Justice John G. Roberts Jr. on similar grounds. When the chief justice cast the decisive vote to save the Affordable Care Act in 2012, Mr. Trump wrote on Twitter that “I guess @JusticeRoberts wanted to be a part of Georgetown society more than anyone knew,” citing a fake handle. During his presidential campaign, Mr. Trump called the chief justice “an absolute disaster.”When he spoke on Jan. 6, Mr. Trump was probably thinking of the stinging loss the Supreme Court had just handed him weeks before, rejecting a lawsuit by Texas that had asked the court to throw out the election results in four battleground states.Before the ruling, Mr. Trump said he expected to prevail in the Supreme Court, after rushing Justice Barrett onto the court in October 2020 in part in the hope that she would vote in Mr. Trump’s favor in election disputes.“I think this will end up in the Supreme Court,” Mr. Trump said of the election a few days after Justice Ruth Bader Ginsburg’s death that September. “And I think it’s very important that we have nine justices.”After the ruling, Mr. Trump weighed in on Twitter. “The Supreme Court really let us down,” he said. “No Wisdom, No Courage!”The ruling in the Texas case was not quite unanimous. Justice Alito, joined by Justice Thomas, issued a brief statement on a technical point.Those same two justices were the only dissenters in a pair of cases in 2020 on access to Mr. Trump’s tax and business records, which had been sought by a New York prosecutor and a House committee.The general trend continued after Mr. Trump left office. In 2022, the court refused to block the release of White House records concerning the Jan. 6 attack on the Capitol, effectively rejecting Mr. Trump’s claim of executive privilege. The court’s order let stand an appeals court ruling that Mr. Trump’s desire to maintain the confidentiality of internal White House communications was outweighed by the need for a full accounting of the attack and the disruption of the certification of the 2020 electoral count.Only Justice Thomas noted a dissent. His participation in the case, despite his wife Virginia Thomas’s own efforts to overturn the election, drew harsh criticism.Mr. Trump’s rocky record at the court offers only hints about how the justices will approach the cases already before them and on the horizon. His claim of absolute immunity appears vulnerable, based on other decisions from the court on the scope of presidential power.The case examining one of the federal statutes relied on by the special counsel in the federal election-interference case, which makes it a crime to corruptly obstruct an official proceeding, does not directly involve Mr. Trump, though the court’s ruling could undermine two of the charges against him.Mr. Trump’s rocky record at the court offers only hints about how the justices will approach the cases already before them and on the horizon.Erin Schaff/The New York TimesThe justices have been skeptical of broad interpretations of federal criminal laws, and the arguments in the case will doubtless involve close parsing of the statute’s text.The case that is hardest to assess is the one from Colorado, involving as it does a host of novel questions about the meaning of an almost entirely untested clause of the 14th Amendment, one that could bar Mr. Trump from the presidency. The case is not yet at the Supreme Court, but it is almost certain to arrive in the coming days.Guy-Uriel E. Charles, a law professor at Harvard, said the justices would have to act.“The Supreme Court is a contested entity, but it is the only institution that can weigh in and try to address this problem, which needs a national resolution,” he said. “There has been some loss of faith in the court, but even people who are deeply antagonistic to it believe it needs to step in.” More