A Supreme Gift to Donald Trump

Effectively, the American president is now a monarch

Credit: Getty Images

The American ideal that no person is above the law died today. The Supreme Court killed it. And the belief in an independent judiciary took a big hit too. Ruling along party lines, the Supreme Court handed down a 6-3 decision that says that Donald Trump (or any U.S. president) is immune from prosecution for official acts taken while in office. The court made a distinction between official and private conduct.

Chief Justice John Roberts, writing for the majority, said that immunity for official conduct was needed to protect “an energetic, independent executive.” 

The right-wing justices did what they were hired to do: protect Donald Trump by delaying prosecution while dismantling democracy. How does this court ever regain the trust of the nation? It can’t. 

The decision would give Trump in a second term more power, especially if the House stays in Republican hands. The congressional right wing would never impeach their dear leader.

THE DISSENT
Justice Sonia Sotomayor, in a vigorous dissenting opinion, wrote, “The court effectively creates a law-free zone around the president, upsetting the status quo that has existed since the founding.” The decision “makes a mockery of the principle, foundational to our Constitution and system of Government, that no man is above the law,” she continued.

Sotomayor carried on, pulling no punches. “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. Immune, immune, immune.”

THE COURT’S TIMING
A grand jury indicted Trump for election interference in August 2023. He was scheduled to be tried on three charges of conspiracy and one count of obstructing an official proceeding this past March. When Trump’s lawyers argued that he is immune from prosecution for actions taken while president, the case went to the U.S. Court of Appeals, which ruled against him in February. His lawyers then brought the case to the Supreme Court — 67 days ago. 

The delay in ruling was no accident. The MAGA Supreme Court slow-rolled the case to ensure that special counsel Jack Smith would not have enough time to proceed before this November’s election. If Trump is reelected, the case is likely to be dismissed, along with the other federal criminal case against him, the documents case. 

The election interference case will now return to the lower court to determine whether Trump’s actions on January 6 were official acts or private ones. As you can imagine, that is a tall order. The court also made sure appeals would be allowed. So this could take years to sort out.  

The court has basically guaranteed that Trump will not face legal accountability for trying to overturn a free and fair election before the next election — and perhaps ever.

THE MAGA COURT
The current Supreme Court is stacked with three justices appointed by Donald Trump, all of whom lied during their confirmation hearings. Remember the nominees calling Roe v. Wade settled law? Two other justices should have recused themselves from this case because of blatant conflicts of interest. The federal statute on disqualification states that a judge must recuse him or herself when a spouse “is known by the judge to have an interest in a case that could be substantially affected by the outcome of the proceeding.” The wives of Justice Clarence Thomas and Justice Samuel Alito certainly meet this standard. But since the justices decide for themselves whether to step down, they chose to remain.

Dan Pfeiffer, a political commentator and fellow Substack author, wrote today, “In both substance and timing, the MAGA Supreme Court put its thumb on the scale for Donald Trump in a dangerously unprecedented manner.”

One sliver of silver in the lining of this otherwise dark cloud: Today’s ruling dramatically raises the stakes for this election, as if they weren’t high already. If Trump is reelected, his promise to be a dictator “on day one” just got exponentially easier.

It is clear that the courts are not going to protect us or our democracy. From reproductive rights to environmental protections to crowning a chief executive who is now above the law, Trump and his court are a clear and present danger.

Sotomayor closed her opinion with these words: “With fear for our democracy, I dissent.”

I agree with the justice. I fear, but I also have hope. The only ones who can save democracy are we Americans. We have to register to vote. We have to get to the polls. We have to get our neighbors to the polls. We have to vote. The ballot box is our only hope to stop or even slow what is happening to our country.  

To support my team’s efforts to protect our democracy through the power of independent journalism, please consider joining as a paid subscriber. It keeps Steady sustainable and free for all. Thank you.

No matter how you subscribe, I thank you for reading.

Stay Steady,
Dan