I will not argue that Trump is aggressive in trying to expand the power of the executive branch of government. However, I will argue that his ambitions are not out of the ordinary for Presidents. Even the one that just left office.
Study: Obama Had Worst Record in Supreme Court in Modern History
Former president won just half of cases argued before Court, significantly lower than other administrations
Noteworthy losses during Obama's presidency included the blocking of an executive action giving work permits to 5 million illegal immigrants, "effectively ending what Mr. Obama had hoped would become one of his central legacies," the New York Times reported.
The Court also handed a "humiliating" loss to Obama in his attempt to make recess appointments to the National Labor Relations Board while the Senate was in session.
"Indeed the case was so clear-cut one can only conclude that the president didn’t care what the Constitution said," the Washington Post's Jennifer Rubin observed at the time.
Experts have argued that executive overreach by President Obama led to more losses in the High Court.
In the 2016 term, the Obama administration argued 10 cases that resulted in unanimous decisions against the government, meaning the president did not receive a vote from his own justices he appointed to the Court, Sonia Sotomayor and Elena Kagan.
"The reason this president has done so poorly at the high court is because he sees no limits on federal—especially prosecutorial—power and accords himself the ability to enact his own legislative agenda when Congress refuses to do so," wrote Ilya Shapiro, a senior fellow in Constitutional Studies at the Cato Institute.