Advisory Opinions Trump Is ‘Absolutely Immune’ ... Kind Of
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Jul 1, 2024 Unpacking the Supreme Court decision on Trump's immunity, exploring different types of immunity and their implications. Discussing accountability of presidents, the role of the electorate, and the Constitution's check on despotic leadership. Analyzing the legal ramifications of the ruling on core presidential functions, obstruction charges, and potential immunity post-presidency. Delving into historical context of presidential immunity, pardon power interpretations, and balancing immunity with criminal liability. Highlighting the American people's role in safeguarding against abuses of presidential power.
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We Misread NetChoice's Clarity
- The Supreme Court issued multiple complex rulings this term that split justices in unexpected alignments.
- NetChoice was unanimous but produced a convoluted roadmap for future facial challenges, per Sarah and David.
Broad Immunity For Core Functions
- The Court recognized absolute immunity for core presidential functions like pardons and removals.
- It adopted a broad view that may shield even bribery tied to an official function, surprising commentators.
Three Buckets Of Presidential Immunity
- The majority created three categories: absolute immunity for core functions, presumptive immunity for other official acts, and no immunity for unofficial acts.
- Courts must label indictment allegations as core, official, or unofficial on remand.