Trump ‘Won’t Forget’ the Roberts Court Helped Him Win—Neither Should We

Say what you will about the president who is dismantling our democracy, but at least he says “thank you” once in a while.

Two weeks ago, after delivering a lengthy and divisive address to a Joint Session of Congress, President Donald Trump mingled with the crowd, shaking hands with his supporters. In a revealing moment, he patted Chief Justice John Roberts on the back and said, “Thank you. Thank you again. I won’t forget.”

Presumably President Trump was thanking Chief Justice Roberts for aiding his election victory and granting him unprecedented power, and not for some great tips on fixing his backswing. Either way, Justice Roberts appeared much obliged. After all, it’s nice to hear a “thank you” when you compromise your personal integrity and trample the Constitution to help a convicted felon win an election.

Structural court reform will be a necessary step to rebuilding our democracy.

Trump understands that he owes a debt of gratitude to Chief Justice Roberts and the Supreme Court. Yet, as we look to the courts to protect us from the Trump administration’s abuses, many have overlooked or forgotten how SCOTUS got us here in the first place. As people harmed by this flood of illegal actions turn to the courts for relief, we must be clear that the Supreme Court helped bring about this crisis by helping Donald Trump win the 2024 election. While the Supreme Court did not directly decide the election for Trump in the way it did for former President George W. Bush in 2000 with its decision in Bush v. Gore, the justices interfered with our elections, our politics, and our society in ways that certainly helped, and may have been decisive, to Trump’s win.

The People’s Parity Project Action released a new report, “The Supreme Court Helped Trump Win,” which examines the numerous forms of assistance the court gave to Trump, from the structural to the political. The court shielded Trump from prosecution for his attempt to steal the 2020 election. The justices prevented states from striking him from the ballot despite the 14th Amendment’s bar on insurrectionists holding office. They allowed unlimited money to flood our politics, permitting billionaires to buy the presidency. They gutted the Voting Rights Act and permitted racial and ethnic gerrymandering, which reduced competition, worsened extremism, and handed Republicans control of the House.

The court also obstructed the signature policy achievements of former President Joe Biden, including student debt relief, protections for transgender people, and immigration reform, leaving Biden and former Vice President Kamala Harris with fewer successes to highlight in their campaigns. Over decades, the court weakened labor unions, harming working people’s economic and collective power and benefiting Republican candidates. The persistent threat that the court will strike down any progressive policies has created a sense of futility among voters and elected officials, reinforcing voters’ and potential voters’ belief that “both sides do nothing” and that traditional politicians will not enact meaningful change. This bolstered Trump's renegade, antihero image, making his promises to break everything and start anew more appealing.

As Trump and Musk barrel into Trump’s second term, they are defying laws and the Constitution at every turn. In just a month, they have attempted to end birthright citizenship; frozen federal spending and payments that were already appropriated; illegally accessed Americans’ private data; attempted to eliminate or stymie legislatively created agencies and fire officials in violation of the law; and launched assaults on Black people, immigrants, LGBTQ+ people, and people with disabilities.

Trump’s actions are so extreme and lawless that the Supreme Court will likely step in to curb some of them, such as the ruling this week to stop the Trump administration from illegally blocking $2 billion in funding to USAID. The USAID ruling, and any other SCOTUS attempts to rein in the would-be king, will not outweigh the court’s role in causing this crisis. It will not mean the court has become a brave defender of our most cherished principles. It will simply mean that some breaches are too blatant for even the justices to justify.

As we confront this daunting moment, we must be realistic and clearheaded. This is not the time for false heroes or misplaced faith in systems that have consistently failed the people. We cannot afford to fall into a collective Stockholm syndrome regarding the nation’s highest court, even if the justices do rein in some of Trump’s most extreme actions.

Structural court reform will be a necessary step to rebuilding our democracy. There are no shortcuts or silver bullets; systemic change will require a broad, long-lasting movement of Americans who claim a different vision for our country’s future. Although the idea of significant court reform and planning for the future—four, eight, or even twelve years out—may seem daunting, it is far less radical than what unfolds right before our eyes.