Presidential References to Executive Actions in Public Comments on Supreme Court Cases*

Why do presidents reference executive actions in their public commentary on Supreme Court cases? We contend that presidents are motivated by their policy and reelection goals to respond strategically through executive action on Court cases that they address publicly. Presidents who tie their executive actions to Court cases may add legitimacy to those actions, thereby bolstering their policy choices in the eyes of the public, Congress, and the Court. We examine the factors shaping presidents’ decisions to tie their executive actions to Court cases using a novel database covering the Eisenhower to Biden presidencies (1953–2024). We find that the president’s ideological proximity to the Court, agreement with the Court’s decisions, and approval ratings are especially important factors. These findings contribute the literatures on executive action, the separation of powers, and the public presidency providing new insight into how presidents leverage Court decisions to justify executive actions to achieve their goals.