reflecting on the immunity decision a bit, what the Court seems to be saying is that every element of the executive branch is at the President’s disposal, no matter what he wants to use it for. his motives don’t matter. the office is a weapon to be wielded however he sees fit.
the simple way to think about it is that the office of the presidency is a gun. the Court has held that when you become the President, you have an unfettered right to use that gun any way you please. an insane decision.
Has to preemptively clear the way for Trump to explicitly pressure the DOJ to go after his enemies, that's the proper way to do it after all, keep it all above board.
I mean no law really restrained that, it was purely if the AJ had any integrity. Trump was told if you go that route "something bad might happen." But what? Maybe a charge of obstruction after office? Even that was unlikely before today. Now even the most minimal restraint is gone.
The court has no oversight, the president can do whatever the president wants, and congress is…tied up by things like the filibuster, the parliamentarian, and centrist Dems who wanna play nice with republicans? 🫠
It's telling that not a single democracy created since the US Constitution was adopted created any system like it. I just see their founders backing away slowly and smiling, trying not to make eye contact.
He already can. The Supreme Court has no enforcement arm. It’s simultaneously impressive and scary how much of democracy is just held together with chewing gum and string. One side recognise this and keeps removing chewing gum, but the other side mistakenly believes it’s made of steel, and will hold
As I read it the decision doesn't really address this. Court can still strike things down, etc. What changes is if a president gives court middle finger and does it anyway there's nothing court can do (well it never could really) and no worries about trial for doing it after office.
Presidents have ignored court decisions in past (Jackson, Lincoln). Only norms and institutional traditions keep this in check. And impeachment threat, but that just kicks you out of office and is null and void at this point in history anyway.
If I had a loan forgiven I suppose someone could take me to court and try to make me pay and court could ignore presidential order (maybe, not sure) and if I didn't pay arrest me or attach my assets, paycheck, whatever. Basically you get to legal chaos pretty quickly with this immunity ruling.
So if a court tried to force forgiven loans back on the books what happens next? President acts against that court? Finds some pretext to remove the judge? Any and all lawless acts have get out of jail free card now.
My understanding is that absolute is absolute, presumptive means the burden of proof to deny immunity is on the prosecution, ultimately appealable to the SC
Effectively nothing, since the executive may use their official acts immunity to prevent any judicial ruling against them.
Who would even dare to investigate crimes committed by the president in the first place?
I know this is tongue in cheek, but the point is that the limitation is the scope of the office as the Court sees it. within that scope, it’s open season. so under the majority’s logic, for example, there’s really no limit to what the president could use the military for.
to put a sharper point on this, the President’s power to pass an executive order regulating emissions is severely hampered. his power to use the DOJ or the military to regulate emissions is nearly unlimited
