Supreme Court’s Trump Immunity Decision ‘Makes A Mockery’ Of Constitutional Precepts, Judge Warns

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This Monday, the U.S. Supreme Court finally decided appeals from ex-President Donald Trump claiming that he holds wide-ranging legal immunity by mere virtue of once serving as president that supposedly should shut down a key criminal case that he is facing. The case that provided this dispute’s backdrop is Trump’s criminal case alleging conspiracies to undercut the 2020 presidential election outcome.

In short, the nation’s highest court — where three nominees from Trump’s own time in office are among the nine members — appears to have granted Trump some level of immunity, leaving the question unanswered of whether key conduct alleged of the ex-president in the underlying case against him falls within or outside of protected “official” acts.

In a dissenting opinion, Supreme Court Justice Sonia Sotomayor painted a stark portrait of the impacts she fears around the court majority’s decision.

“Today’s decision to grant former Presidents criminal immunity reshapes the institution of the Presidency. It makes a mockery of the principle, foundational to our Constitution and system of Government, that no man is above the law,” she wrote, subsequently saying the “Court gives former President Trump all the immunity he asked for and more. Because our Constitution does not shield a former President from answering for criminal and treasonous acts, I dissent.”

Now, the case is moving back to trial Judge Tanya Chutkan for an examination of that lingering question: whether conduct alleged of Trump falls under the court majority’s newly outlined legal protections for the presidency. Perhaps most immediately, that means — assuming a trial ever arrives — even more delay, and if Trump wins the election this year that Republicans are still pushing him towards, that outcome could put on ice indefinitely whatever remains unresolved from Trump’s wide-ranging series of legal problems.

Correction: This article was slightly altered to indicate that the conduct to be examined at Chutkan’s level is not necessarily all of what was originally alleged of Trump, as it appears the case was slimmed.