Post

Avatar
This aged well. 😬
Amazing to think that this is the best case scenario.
Avatar
Two things. First, I have said this before but it gets special emphasis today: I never, EVER want to hear conservatives talk about originalism or judicial restraint ever again. There is nothing about Presidential immunity in the Constitution.
Avatar
And that's not because the topic of immunity for government officials did not arise. We have the Speech and Debate clause, which gives Congress immunity for speech and debate. Presidential immunity? ZERO. This is one of those penumbras and emanations the right mocked until they got a majority.
Avatar
Nor is this a restrained or limited decision. They could have limited it to some set of questions raised by this case. They did not.
Avatar
Second, this is SO much worse than even terrible cases like Shelby or Citizens United. In those cases there was something that vaguely resembled an argument -- a dumb argument, but an argument nonetheless. In this case, it's just 'let's nullify our Republican form of government because Trump.'
Avatar
I genuinely have NO IDEA how anyone could possibly read the Constitution as conferring immunity for official acts, apparently including ordering the military to bomb New York. NO IDEA AT ALL. The only case in my lifetime like this was Bush v. Gore, and this is SO, SO much worse.
Avatar
It’s the worst decision in US history because it essentially unravels the entire Constitution as moot. The President can engineer essentially anything as an official act.
I’d be interested to hear some knowledgeable person analyze this decision relative to the principles established by the Nuremberg trials.
Avatar
You're starting with the assumption that "origialists" care what the Constitution says.
Avatar
It's not even going to be presidential immunity. It's lex Trump, pure and simple. The word people are looking for is Ermächtigungsgesetz.