Comment by derektank
6 hours ago
They made that ruling while Biden was president. It seems hard to call that an example of rubber stamping for an administration that did not exist yet.
John Roberts and other conservative members of the court do have an ideological commitment to the Unitary Executive Theory of the presidency (foolishly, in my view) but this has the potential to benefit both Democratic and Republican presidents.
That ruling[1] is even worse than rubber stamping. It's saying that no stamp is needed at all.
> It seems hard to call that an example of rubber stamping for an administration that did not exist yet.
The Trump administration absolutely did exist, both in the past and the present (waiting in the wings) in July 2024 when the ruling was issued.
While it's true that all past and future presidents are affected by the ruling, there's exactly one former president and presidential candidate at that time that was likely to face criminal charges for actions taken while in office, in either first or second terms.
It's a bit much to claim that the ruling doesn't have at least the appearance of benefiting Trump exclusively, especially given the timing. The ruling caused many of Trump's trials to be delayed to be effectively concurrent with the 2024 election.
We went 235 years without clarifying that presidents had presumptive immunity; all previous presidents (even Trump) acted under the presumption that prosecution for official acts might be unlikely but was possible.
[1] https://en.wikipedia.org/wiki/Trump_v._United_States
What benefit does it allow for, other than the ability to turn the country into a dictatorship in a matter of hours with a single phone call?
For anyone unaware, one of the main criticisms of that ruling is that the president commanding the military is always considered an official act, and this ruling means the president enjoys "absolute immunity for official acts within an exclusive presidential authority that Congress cannot regulate such as the pardon, command of the military, execution of laws, or control of the executive branch."[0]
The ruling made no carveouts or exceptions for blatantly illegal orders. The president could unilaterally eject or kill any member of opposing political parties and future administrations (if there are any) would be completely unable to legally hold them accountable for their heinous crimes.
[0]: https://en.wikipedia.org/wiki/Trump_v._United_States
And they will be perfectly happy to walk it back when (or if) a Democrat is elected president in the future. Stare decisis is no longer a thing with this bunch.
This is all highly commical considering the US has black bagged a foreign president.
That is going to be the court case of the century by the way. Maduro will have lawyers begging to represent him. It will be America on trial and I'm looking forward to the Trump administration absolutely bungling it.