Merrick Garland has so much to answer for. This decision would not have turned out this way if the prosecution had come in 2021, when Trump’s re-election didn’t seem imminent. They’re deciding this way because they think he’s coming back.
If Trump was arrested in Jan 2021, I likewise do not think this would be happening. There was a wide perception he was damaged goods in conservative spaces at that time. We're getting enabling acts now because they see him as on the cusp of power.
The Federalist Society’s goals have nothing to do with what anyone thinks of Trump. They are using the courts to advance their goals with any vehicle that presents itself.
What other vehicle would present itself apart from Trump's conduct in attempting to subvert elections to install himself in power? Republican operatives on the court are sensitive to political calculations and have no desire to make Biden unaccountable to the law.
What does a vehicle being presented to the court to impose its power to create an imperial presidency have to do with the timing? They got their chance and they took it. There is no universe where this Court does not void this decision in a case against any dem pres. see Bush v. Gore.
So why, dear god, won’t Biden and the Dems call it out. He should be doing an OVAL OFFICE address TONIGHT. They need to call it what it is and name names. Use words like Monarchy, and Dictator, and Tyranny. But they won’t. 🤦♂️
The decision would not have turned out this way if Mitch McConnell hadn't prevented Garland from becoming an associate justice because he considered any appointment by President Obama to be null and void in his final year in office but was ok with Barrett when Trump was in his final year in office.