They would just say for Biden it doesn’t count. Immunity only goes into effect for presidents whose ideology is deeply rooted in the nation’s traditions
I'm just saying there's no legislative route to pack the courts atm. There does seem to be a way to creatively deploy executive power to make sure the six GOP justices are no longer serving, but that would require admitting temporary defeat on the American experiment so that it might live again.
I understood what you were saying.
I was saying unpack, and then repack. Again, however one wants to get it done.
And, we’ve admitted temporary defeat numerous times.
Which is unfortunate. It’s not what I want, but I’m not the one who made the president a god-king. I’m just not seeing a path to saving what liberty we still have under this 6-3 regime. Do you?
No, I don't see a viable path here that's not paved with luck or means justified by the ends reasoning. My comparison to the enabling acts is not meant to be glib. I see this ruling as a shot fired.
In all seriousness, if Biden informed Manchin/Sinema that they will be prosecuted if they don't vote to end filibuster/appoint four new justices, wouldn't that conversation be presumptively immune from prosecution, since it's a discussion about how to advance the president's agenda?
I don't think that works, because this court ruling attempts to give itself an out to play Calvinball against Dem presidents, or, perhaps, the last Dem President. You need to take more decisive action.
That's the wrong way to read this ruling, imo. Its primary effect is on whether the President will behave lawlessly because they feel empowered to do so. A senator can have reasonable confidence that courts still have his back. Other, more difficult actions that are hard to name can't be reversed.
The ruling said that official acts can’t be prosecuted even if they’re criminal. Advancing his agenda through Congress seems like an objectively official act.
An official act is whatever the Roberts court says it is. The barrier here is, "Will you actually try to do this? Do you think you can get away with it? Will you?"