He wasn’t going to be constrained by anything anyway, but this ruling gives him a veneer of lawfulness for his inevitable lawlessness should he return to office.
Chilling point from @rickhasen.bsky.social on SCOTUS ruling and second Trump term, on today's pod:
"You want to know how far this opinion goes? Just wait six months. He's going to get advice as to what his maximal power is. We may find out sooner rather than later how far these powers go."
But also, as Justice Jackson writes, quoting Brandeis in Olmstead: “If the Government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy.”
I think it's critical to realize that veneer is valuable and useful to them. It's why J6 was just one part of the overall strategy to have a legal veneer over a Trump "victory" via the Senate & false electors
Americans still value the rule of law; veneer helps convince some, and lessens revolt odds
It may also mean unfortunate consequences for judges, prosecutors, plaintiffs, and others who try to hold him accountable. Disingenuous people can now criticize or chastise them for not respecting precedent and "established law."
Even right now. Say there is a sentencing in NY prior to the election, and Judge Merchan sentences Trump to jail. Trump appeals. Trump wins reelection. Now Trump's DOJ arrests Bragg, Merchan/clerk. Will they accuse Judge Merchan of overstepping in an illegal way for decisions being made now?
