Two late Trump court defeats 'could make a big difference in 2026': analyst

Two significant legal setbacks for Donald Trump's administration are likely to have substantial implications as the president enters 2026.

According to former White House correspondent Brian Karem, the Trump administration's winning streak with the conservative Supreme Court ended abruptly when the court blocked the president's attempt to deploy the National Guard to cities on a whim and as a show of force. A separate defeat came when a federal court rejected administration efforts to revoke security clearances from Trump critics.

In a post-Christmas Salon column, Karem identified these "two things that could make a big difference in 2026."

The Supreme Court's ruling represented a rare rebuke of the administration. Trump had argued in an October appeal that violence directed at Department of Homeland Security agents conducting immigration enforcement operations in Chicago justified deploying the National Guard.

"The conservative Supreme Court didn’t buy it," he wrote.

According to the decision, "At this preliminary stage, the Government has failed to identify a source of authority that would allow the military to execute the laws in Illinois." The court noted there was no legal basis for overriding the Posse Comitatus Act, which severely restricts the use of U.S. military forces within the United States.

In a related development, U.S. District Judge Amir H. Ali ruled against the Trump administration on December 23, issuing a preliminary injunction preventing the president from denying security clearance to attorney Mark Zaid, a Freedom of Information Act and national security specialist.

The Zaid case carries particular significance, as he has spent three decades defending whistleblowers from both Democratic and Republican administrations. While Judge Ali granted the government until January 13 to file an appeal—which Trump is expected to pursue—Karem noted the decision offers hope that judicial oversight remains intact. "Congress has surrendered its power, but the judiciary has not," he wrote.

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