CBS News legal analyst Jan Crawford forecasted significant defeats for President Donald Trump at the Supreme Court in 2026, despite the administration's recent successes. Speaking on 'Face the Nation,' she highlighted upcoming challenges on issues like birthright citizenship and tariffs. Crawford emphasized that temporary emergency rulings do not guarantee victories on the merits.
On the December 28, 2025, broadcast of CBS's 'Face the Nation,' legal analyst Jan Crawford discussed the Trump administration's judicial track record. She acknowledged the "tremendous success" the administration has enjoyed with the Supreme Court through emergency rulings, which temporarily halt lower court decisions and enable policies to proceed during litigation.
However, Crawford predicted a shift in 2026, describing the Court's next term as "highly consequential." She specifically dismissed the chances of success in the case challenging Trump's executive order to end birthright citizenship. "The Trump administration will 'absolutely not' win its case before the Supreme Court on the legality of President Trump’s executive order that seeks to end birthright citizenship," she stated, as shared in a post by the show's Twitter account.
Host Margaret Brennan questioned her certainty, to which Crawford replied, "No, absolutely not." She explained that the administration has been strategic in selecting appeals it believes it can win, but these are merely "temporary, interim orders." Once cases reach the merits, outcomes could differ markedly. Crawford added that Trump "may not win the tariffs case," noting that while the current outlook favors the president, it could change by June after landmark rulings.
The discussion also touched on other pressing matters before the Court, including gun rights and the participation of transgender women in women's sports. Crawford's analysis underscores the potential volatility in the Supreme Court's docket, even for an administration that has shaped its composition.
