Monday, July 1, 2024

Ending the Rule of Law

From Justice Sonia Sotomayor's dissent in [Fuckface] v. United States.
The President of the United States is the most powerful person in the country, and possibly the world. When he uses his official powers in any way, under the majority’s reasoning, he now will be insulated from criminal prosecution. Orders the Navy’s Seal Team 6 to assassinate a political rival? Immune. Organizes a military coup to hold onto power? Immune. Takes a bribe in exchange for a pardon? Immune.

Update (July 3):  Heather Digby Parton explains the history behind the decision.

It is apparent that the Supreme Court majority, like the average MAGA voter and [the felon] himself, is filled with bitter resentment. In fact, I would suggest that this entire unitary executive, imperial president philosophy stems from grievance over Richard Nixon being forced out of office all those years ago. [This ruling] was the culmination of many years of careful, strategic planning by the right-wing legal community. The six partisan justices in the majority played the long game and when they got the chance to implement their dream of an imperial presidency they did not hesitate. Not even the prospect of allowing a corrupt president unlike any other, including Richard Nixon, gave them pause.

Update (July 14):  David Becker, executive director of the Center for Election Innovation and Research and a former voting rights attorney at the Department of Justice, expresses his concern.

If there is a president intent upon committing crimes, this decision gives him a very clear path to that.
Ordering the Justice Department to institute a sham investigation? Absolutely immune. Ordering the military to seize voting machines, as the former president almost attempted in 2020? He’s talking to the military, that’s a core function [of the presidency], he would be immune. Ordering the National Security Agency to conduct secret surveillance on a political opponent? The NSA is part of the executive branch, immune.

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