I’m seeing a lot of this. I suspect we would rapidly find the answer includes that no act is “official” if it “goes against constitutional principles” or some similar nonsense.
if President Biden declared today's Supreme Court ruling to be an assault on democracy and ordered Chief Justice John Roberts imprisoned indefinitely, would that be an "official act?"
Please don’t think I’m suggesting this has to accord with anything other than their need in the moment to come up with a post hoc “principle” for the holding they were going to make anyway. We will find no act is “official” if it deprives the Court of anything it wants for itself.
Just gonna be more Calvinball nonsense.
Mind reels at the abuses a president can commit when it comes to national security or foreign policy.
Dark day indeed.
With the caveat, what is consistency, really, the ruling says "in diving official and unofficial conduct, courts may not inquire into a Presidents motives." So the courts aren't even empowered to ASK if they're official or unofficial. They just have to trust his judgement.