John Holbo: I am so confused by the immunity decision. I mean: it's clearly bad. But it's also unclear.

I am so confused by the immunity decision. I mean: it's clearly bad. But it's also unclear.

If I were Judge Chutkan I would be very confused. What goes in what box? What is the test? Can't pay attention to intention? What?

One is tempted to think the rationale is: "if a Republican President does anything, it's legal, if a Democratic President, it's not"

"I just made up a new legal distinction. No, I'm not going to tell you what it is. Figure it out yourselves, then I'll let you know if you were right."

Could that be by design? The majority knows they’ll control the court for years/decades so they want the flexibility to call balls for Trump and strikes against any future D’s?

Asha Rangappa made an attempt to map it out :

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