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      Was Donald Trump, as president, a king? The US supreme court thinks so | Moira Donegan

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      Is the president a king? The US supreme court thinks so. On Monday, in its very last ruling of the term, the chief justice, John Roberts, writing for the court’s six conservatives, held in Trump v United States that Donald Trump has “absolute immunity” from criminal prosecution for all acts that can be interpreted as part of the official course of his “core” duties, and “presumptive” immunity for all other official acts.The move dramatically extends executive authority, insulates past and future presidents from prosecution for illegal or even treasonous actions they carry out while in office and renders the former president largely criminally immune for his role in the January 6 insurrection.The court said that Trump cannot be charged for some of his “official” actions in the lead-up to the insurrection, including his attempts to pressure Mike Pence and his efforts to weaponize the justice department to force some states to reverse their election results. Much of Jack Smith’s criminal case against Trump has thereby been voided.What remains of the January 6 prosecution will now be remanded to a lower court, which will be tasked with determining what charges, if any, can proceed against Trump under the court’s new, unprecedented vision of executive immunity. That trial, if it ever happens, will not take place until long after this November’s elections, and will now likely not be able to address most of Trump’s efforts to assist in either the judicial or violent coup attempts.Richard Nixon’s status as a criminal and crook was once summarized by recounting his ominous declaration: “Well, when the president does it, that means it’s not illegal.” The court has now taken that vulgar absurdity and made it law.It is difficult to overstate the blow this decision will have to the integrity of our democratic system of government, or the depth of its insult to the principles of the separation of powers and the rule of law. In a ruling issued on stark partisan lines, the court’s conservatives elevated the president to a position that no person can hold in a republic: one with a sweeping entitlement to commit criminal acts for the sake of his own vulgar self-interest, without any fear of criminal legal repercussions. Criminal law no longer applies to the president; so long as he occupies the office, he exists in a permanent state of The Purge-like immunity, the ordinary rules of social and civic life suspended for him, able to use the trappings of power to flatter his vanity, reward his friends and punish his enemies as it suits him.This is one of the most consequential and frightening supreme court decisions of our lives. On the verge of an election in which Trump may well be restored to presidential power, the court has officially declared that he cannot be held accountable for abuses of that power in a criminal court.In its holding, the court’s majority made a flimsy distinction between the immunity they are granting to presidents for “core powers” and “official” acts – terms whose precise meanings they don’t define – and the criminal liability that Trump and other presidents still have for “unofficial” acts. But these distinctions are likely to collapse if any prosecutor, be it Smith or someone else, actually attempts to use them. That’s because the scope of the presidential office and its powers are so broad that its “core” powers are difficult to tell from its extraneous ones, and “official” and “unofficial” acts by the president are likely to prove ambiguous.The court also declares, needlessly, that conduct undertaken in the pursuit of “official” powers cannot be used in prosecutions of “unofficial” acts – another protection for presidential conduct that will hamstringing future prosecutions. The president, meanwhile, also retains the pardon power – meaning that he is entitled not only to commit crimes, but to secure impunity for his accomplices.In practice, Trump – and any subsequent president, should we ever get to have one – is now unaccountable to either legislative checks or criminal law. It is a development that has radically changed the nature of the office. The president is now less like a democratically accountable official than like a little emperor, endowed by the court with an all-encompassing right to wield power as he sees fit, much like the way that divine right used to bless the actions of kings. There is virtually nothing that he is not allowed to do.Preposterously, as if to mock the American public and their historical aspirations to freedom, the court claims that this new state of affairs was mandated by the framers – the very people who broke with their country and fought a war specifically so as to free themselves from this kind of unaccountable executive power.In her dissent, the justice Sonia Sotomayor listed some of the things that the president can now do without consequence, according to the majority. “Orders the Navy’s Seal Team 6 to assassinate a political rival? Immune,” she writes. “Organizes a military coup to hold onto power? Immune. Take a bribe in exchange for a pardon? Immune. Immune, immune, immune … The relationship between the president and the people he serves has shifted irrevocably. In every use of official power, the president is now a kind above the law.”Sotomayor’s dissent is among the most alarmed and mournful pieces of legal writing I have ever read. She concludes it: “With fear for our democracy, I dissent.”There will be people who try to tell you that this ruling is not so bad. They will decry the “bed-wetting caucus”, or smugly declare themselves above “hysteria”. They will point to the majority’s evident concessions, to the president’s supposed liability for “unofficial” conduct – as if these false and pretextual possibility of accountability is anything like the real thing. It isn’t; don’t believe them. This decision is a seismic revision of the constitutional order, issued by a court packed with extremist Republicans who are anticipating a Trump victory in November.They know, as well as we do, that Trump aspires to usher in an era of corruption and autocracy. Today’s decision is an invitation for him to do just that.
      Moira Donegan is a Guardian US columnist More

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      Democrats warn of ‘dangerous precedent’ set by Trump ruling; Republican House speaker calls decision ‘common sense’ – as it happened

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      Hakeem Jeffries, the Democratic House minority leader, has warned that the supreme court’s immunity decision “sets a dangerous precedent for the future of our nation”.
      No one, including the twice-impeached former president, should be above the law. The constitution is sacredly obligatory upon all. That’s what makes America special.
      The supreme court ruled on Monday that former presidents are entitled to some degree of immunity from criminal prosecution, a major victory for Donald Trump that guts the 2020 election subversion case against him and any prospect of a trial before November.Here’s a recap of what happened today:
      In a 6-3 decision, the court found that presidents were protected from prosecution for official actions that extended to the “outer perimeter” of his office, but could face charges for unofficial conduct.
      Chief Justice John Roberts, writing for the majority, said a former president is entitled to “absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority”.
      Justice Sonia Sotomayor, in a dissenting opinion, warned that a consequence of the ruling is that “the President is now a king above the law”. The decision “makes a mockery of the principle, foundational to our Constitution and system of government, that no man is above the law”, she added.
      Trump celebrated the ruling as a “big win for our constitution and democracy” – a view echoed by the Republican House speaker, Mike Johnson, and many Republicans.
      But Democratic leaders expressed outrage over a ruling that legal experts warn could undermine the foundations of US democracy. “This is a sad day for America and a sad day for our democracy,” said Chuck Schumer, the Senate majority leader. New York congresswoman Alexandria Ocasio-Cortez said the decision was “an assault on American democracy”, while Hakeem Jeffries, the House minority leader, warned that the supreme court’s immunity decision “sets a dangerous precedent for the future of our nation”.
      Trump’s longtime rightwing ally Steve Bannon turned himself in to start a prison term. Bannon arrived at a federal prison in Connecticut to serve a four-month sentence for defying multiple subpoenas surrounding the House’s January 6 insurrection investigation.
      The supreme court’s decision to confer broad immunity to former presidents is likely to eviscerate numerous parts of the criminal prosecution against Donald Trump over his efforts to overturn the results of the 2020 election.The court remanded the case back to the presiding US district judge, Tanya Chutkan, to apply a three-part test to decide which actions were protected – but Chief Justice John Roberts pre-emptively made clear that some were definitively out.On some of the closer calls, Roberts also gave suggestions on behalf of the majority conservative opinion, which could bear on Chutkan when she eventually weighs each allegation line by line and decides whether it can be introduced in any future trial.Most crucially for special counsel Jack Smith, his prosecutors will not be able to introduce as evidence any acts deemed to be official and struck from the case, even as contextual information for jurors to show Trump’s intent.Trump is accused of overseeing a sprawling effort to subvert the results of the 2020 presidential election, including two counts of conspiring to obstruct the certification of the election results, conspiring to defraud the government and conspiring to disenfranchise voters.The alleged illegal conduct came in five categories: Trump pressuring US justice department officials to open sham investigations into election fraud, Trump pressing his vice-president to return him to the White House, Trump trying to obstruct Congress from certifying the election, Trump giving a speech that led rioters to storm the US Capitol building, and Trump’s plot to recruit fake electors .Roberts undercut at least three of the five alleged categories in the opinion.Mary Trump, Donald Trump’s niece, was also inspired by Justice Sonia Sotomayor’s dissenting opinion in today’s immunity ruling.“With fear for our democracy, I dissent,” Mary Trump posted to X, quoting Sotomayor, accompanied by a link selling T-shirts inspired by the justice’s dissent.The supreme court has wrapped up its 2023-2024 term, issuing a string of blockbuster decisions with enormous implications for American democracy, individual and civil rights, and the basic functioning of the federal government.Once again, the conservative supermajority, with half its justices appointed by Donald Trump, was in the driver’s seat – strengthening the power of the presidency in its immunity ruling for Trump, and overturning precedent in a dramatic blow to the administrative state.There were crumbs of comfort for liberals, including a gun rights ruling related to domestic violence and a unanimous decision upholding access to a key abortion pill, but what the US public increasingly sees as an activist court majority continues in full swing.Read our full report on the supreme court’s biggest cases this term.Hillary Clinton, responding to the supreme court’s immunity ruling, said it will be up to the American people to hold Donald Trump accountable in the November election.Posting to X, Clinton said she agreed with Justice Sonia Sotomayor’s dissenting opinion, in which she said that she had “fear for our democracy”.Former attorney general Eric Holder was also highly critical of the supreme court ruling, warning that American democracy has been “gravely wounded” as a result.Posting to X, Holder described the decision as “absurd and dangerous”.New York congressman Jerrold Nadler, a ranking member of the House judiciary committee, has described the supreme court’s immunity decision as “revolutionary”.The ruling is “far cry from the democracy envisioned by our founding fathers”, Nadler said in a statement.
      Once again, Donald Trump’s extremist rightwing court has come to his rescue, dramatically expanding the power of the presidency and removing any fear of prosecution for criminal acts committed using official power. If elected to a second term, this decision has set the stage for an unchecked dictatorship by the former president, who has already made clear his intentions to weaponize the presidency to seek revenge on his political opponents.
      Dick Durbin, the Senate majority whip, said it was “disgraceful” that justices Clarence Thomas and Samuel Alito “brazenly” refused to recuse themselves from the Trump immunity case.The supreme court’s decision “threatens the rule of law”, Durbin wrote in a series of posts on X responding to the ruling.In May, Alito declined to recuse himself from cases related to Donald Trump and his 2020 election defeat following reports that flags used to support the “Stop the Steal” movement had been displayed at his homes.Calls for Thomas to recuse himself from the immunity case were also ignored, after critics cited past efforts by the justice’s wife, Ginni Thomas, to reverse the 2020 presidential election in Trump’s favor.Nancy Pelosi said the supreme court has “gone rogue” with today’s immunity ruling, saying it was “violating the foundational American principle that no one is above the law”.Posting to X, the former House speaker said:
      The former president’s claim of total presidential immunity is an insult to the vision of our founders, who declared independence from a King.
      House Republicans on Monday filed a lawsuit against the US attorney general, Merrick Garland, for the audio recording of Joe Biden’s interview with a special counsel in his classified documents case, asking the courts to enforce their subpoena and reject the White House’s effort to withhold the materials from Congress, the Associated Press reports.The lawsuit filed by the House judiciary committee marks Republicans’ latest broadside against the justice department as partisan conflict over the rule of law animates the 2024 presidential campaign. The legal action comes weeks after the White House blocked Garland from releasing the audio recording to Congress by asserting executive privilege.Republicans in the House responded by voting to make Garland the third attorney general in US history to be held in contempt of Congress. But the justice department refused to take up the contempt referral, citing the agency’s “longstanding position and uniform practice” to not prosecute officials who don’t comply with subpoenas because of a president’s claim of executive privilege.The lawsuit states that House speaker Mike Johnson made a “last-ditch effort” last week to Garland to resolve the issue without taking legal action but the attorney general referred the Republicans to the White House, which rebuffed the “effort to find a solution to this impasse”.Garland has defended the justice department, saying officials have gone to extraordinary lengths to provide information to the committees about special counsel Robert Hur’s classified documents investigation, including a transcript of Biden’s interview with him.Yulia Navalnaya, the widow of late Russian opposition politician Alexei Navalny, said on Monday she would use a new role as chair of the US-based Human Rights Foundation (HRF) to step up her husband’s struggle against Russian president Vladimir Putin, Reuters reports.The New York-based HRF said in a statement on Monday it had appointed Navalnaya to succeed former world chess champion and Kremlin critic Garry Kasparov as chair of the non-profit rights group, which provides humanitarian aid to Ukraine and runs campaigns against authoritarian leaders around the world.Navalnaya, who is located outside Russia and had two children with Navalny, accused Putin of having her husband murdered. The Kremlin denied the allegation.Navalnaya said after her husband’s death that she wanted to continue his work and has since met world leaders and suggested sanctions she believes would hasten the end of the current political system in Russia.Navalnaya, 47, said in the HRF statement:
      As someone who has personally witnessed the threat dictatorships pose to our loved ones and the world at large, I am deeply honored to take on the role of chair of the Human Rights Foundation.
      Joe Biden’s son Hunter Biden sued conservative news outlet Fox News on Monday for publishing nude photos and videos of him in a fictionalized “mock trial” show focused on his foreign business dealings, Reuters reports.Hunter Biden alleges Fox violated New York state’s so-called revenge porn law, which makes it illegal to publish intimate images of a person without their consent. He is also suing for unjust enrichment and intentional infliction of emotional distress.Fox aired The Trial of Hunter Biden: A Mock Trial for the American People on its Fox Nation streaming platform in October 2022 but later took it down under threat of a lawsuit by Biden’s attorneys.Fox News said in a statement:
      This entirely politically motivated lawsuit is devoid of merit.
      It only removed the program out of an abundance of caution, it said.Biden’s lawyers did not immediately respond to requests for comment. The series depicted a fictional trial of Hunter Biden on illegal foreign lobbying and bribery charges, crimes he has never been indicted for.Americans are digesting the monumental supreme court decision this morning that’s dominating the news. And Trump sidekick Steve Bannon has reported to a prison in Connecticut to serve a four-month term for contempt of Congress. There’s no shortage of US politics happenings, so stay tuned.Here’s where things stand:
      Some prominent Democrats in the House have blasted the US supreme court ruling that US presidents have absolute immunity from prosecution for “official” acts taken while in office. Progressive caucus chair and Washington congresswoman Pramila Jayapal called it “another horrible ruling from the MAGA Supreme Court” while New York congresswoman Alexandria Ocasio-Cortez said the decision is “an assault on American democracy”.
      And Hakeem Jeffries, the Democratic House minority leader, warned that the supreme court’s immunity decision “sets a dangerous precedent for the future of our nation”, adding that “the framers of the constitution … did not intend for our nation to be ruled by a king or monarch who could act with absolute impunity”.
      But Mike Johnson, the Republican House speaker, welcomed the immunity decision. He said it was a victory for Donald Trump “and all future presidents” and, on the principle, added that the court “clearly stated that presidents are entitled to immunity for their official acts. This decision is based on the obviously unique power and position of the presidency, and comports with the constitution and common sense.”
      Donald Trump’s longtime rightwing ally Steve Bannon turned himself in to start a prison term. Bannon arrived at a federal prison in Connecticut to serve a four-month sentence for defying multiple subpoenas surrounding the House’s January 6 insurrection investigation.
      The three liberal justices on the US supreme court, Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson, all dissented from the majority opinion granting US presidents immunity for “official acts” while in office. Sotomayor wrote the dissent, saying: “The relationship between the president and the people he serves has shifted irrevocably. In every use of official power, the president is now a king above the law.”
      Donald Trump posted on his Truth Social platform shortly after the court issued its decision on his immunity case, writing: “Big win for our constitution and democracy. Proud to be an American.”
      The US supreme court ruled that US presidents are entitled to “absolute immunity” from prosecution for “official acts”. The court held that a former president – in this case Donald Trump – has absolute immunity for his core constitutional powers. The decision fell along party lines, with six conservative justices ruling against three liberal ones. But the court also ruled that former presidents are not entitled to immunity from prosecution for actions taken in a private capacity. It’s now down to interpretation which acts are which.
      Pramila Jayapal, the Democratic representative for Washington, has described the supreme court’s immunity ruling as a “bad decision”.Posting on X, she wrote:
      This is another horrible ruling from the MAGA Supreme Court that strips protections for people and empowers conservative special interests. More

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      Immunity ruling likely to gut parts of criminal prosecution against Trump

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      The US supreme court’s decision on Monday to confer broad immunity to former presidents is likely to eviscerate numerous parts of the criminal prosecution against Donald Trump over his efforts to overturn the results of the 2020 election.The court remanded the case back to the presiding US district judge Tanya Chutkan to apply a three-part test to decide which actions were protected – but Chief Justice John Roberts pre-emptively made clear that some were definitively out.On some of the closer calls, Roberts also gave suggestions on behalf of the majority conservative opinion, which could bear on Chutkan when she eventually weighs each allegation line by line and decides whether it can be introduced in any future trial.Most crucially for the special counsel, Jack Smith, his prosecutors will not be able to introduce as evidence any acts deemed to be official and struck from the case, even as contextual information for jurors to show Trump’s intent.Trump is accused of overseeing a sprawling effort to subvert the results of the 2020 presidential election, including two counts of conspiring to obstruct the certification of the election results, conspiring to defraud the government, and conspiring to disenfranchise voters.The alleged illegal conduct came in five categories: Trump pressuring US justice department officials to open sham investigations into election fraud, Trump pressing his vice-president to return him to the White House, Trump trying to obstruct Congress from certifying the election, Trump giving a speech that led rioters to storm the US Capitol building, and Trump’s plot to recruit fake electors .Roberts undercut at least three of the five alleged categories in the opinion.Trump’s interactions with justice department officials, including his threats to fire the then attorney general Jeffrey Rosen and the then acting deputy attorney general Richard Donoghue, were absolutely immune because overseeing the department was a core function, Roberts found.As for Trump’s interactions with Pence, including pressuring him to reject electoral votes for Joe Biden in Congress on January 6, were presumptively immune because presidential discussions about vice-presidential responsibility were part of the job.The remaining allegations, about Trump’s other attempts to obstruct Congress’s certification, Trump’s speech that led rioters to storm the US Capitol building, and his efforts to organize fake slates of electors in part by spreading false claims, were left up to Chutkan.View image in fullscreenBut even then, Roberts weighed in on a key conspiracy charge against Trump: obstruction of an official proceeding before Congress.In the first footnote in the majority opinion, Roberts instructed Chutkan to apply the supreme court’s determination in a previous, related ruling about the applicability of the obstruction statute when prosecuting January 6-related crimes.skip past newsletter promotionafter newsletter promotionThe ruling in Fischer v United States, handed down last week, held that the obstruction statute could only be used to prosecute crimes that impaired the integrity or the availability of documents.The footnote appeared to be a clear warning to Chutkan that she could not use Trump calling up Republican members of Congress on January 6 and pressuring them to continue delaying the certification of the election results after the Capitol riot temporarily halted proceedings.After all is said and done, prosecutors may be left with only Trump’s plot to recruit fake electors – which is in many ways a circumstantial case about the extent of his personal knowledge – Trump’s speech on January 6, and some private conversations.The biggest blow to prosecutors may be the inability to present any of the official acts at trial, but the reasoning for it was not revolutionary.In many ways, the new rule set by the supreme court that precluded evidence cannot be brought at trial, mirrored how federal courts apply other privilege protections, such as the so-called speech and debate clause that makes acts by members of Congress done in an official capacity immune from prosecution.Under the speech and debate clause, protected communications do not come into contextual evidence because they are litigated out during the criminal investigation stage on a line-by-line basis. They are never even presented to a grand jury when it considers indicting a defendant. More

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      Sotomayor says immunity ruling makes a president ‘king above the law’

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      In a stark dissent from the conservative-majority US supreme court’s opinion granting Donald Trump some immunity from criminal prosecution, the liberal justice Sonia Sotomayor said the decision was a “mockery” that makes a president a “king above the law”.The court ruled Monday that Trump cannot be prosecuted for “official acts” he took while president, setting up tests for which of the federal criminal charges over his attempt to subvert the 2020 election are considered official and sending the case back to a lower court to decide.“Today’s decision to grant former Presidents criminal immunity reshapes the institution of the Presidency,” Sotomayor wrote in dissent. “It makes a mockery of the principle, foundational to our Constitution and system of Government, that no man is above the law.”Sotomayor, writing in a scathing tone, said the court would effectively allow presidents to commit clear crimes without punishment, an expansion of presidential powers that puts democracy at risk. She and fellow liberal justice Ketanji Brown Jackson lay out hypothetical ways the court’s ruling could create crises in the US.“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,” Sotomayor wrote.“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.“Let the President violate the law, let him exploit the trappings of his office for personal gain, let him use his official power for evil ends. Because if he knew that he may one day face liability for breaking the law, he might not be as bold and fearless as we would like him to be. That is the majority’s message today.“Even if these nightmare scenarios never play out, and I pray they never do, the damage has been done. The relationship between the President and the people he serves has shifted irrevocably. In every use of official power, the President is now a king above the law.”Until now, presidents have operated under the assumption that their actions were not immune from criminal prosecution if they used their office, and the trappings of their office, to commit crimes, she writes. But going forward, presidents won’t be so concerned.“With fear for our democracy, I dissent,” she concluded.Jackson wrote a separate dissent, though noted that she “agree[s] with every word of her powerful dissent,” and wanted to lay out the “theoretical nuts and bolts of what, exactly, the majority has done today to alter the paradigm of accountability for Presidents of the United States”.The ruling changes the balance of power among the three branches of government and gets rid of the ability to deter presidents from abusing their power, “to the detriment of us all”, Jackson wrote. The “practical consequences” of the majority decision “are a five-alarm fire that threatens to consume democratic self-governance and the normal operations of our Government”.In a footnote in her dissent, Jackson games out the “oddity” of deciding whether a president is immune from prosecution based on the character of a president’s powers.“While the President may have the authority to decide to remove the Attorney General, for example, the question here is whether the President has the option to remove the Attorney General by, say, poisoning him to death,” Jackson wrote. “Put another way, the issue here is not whether the President has exclusive removal power, but whether a generally applicable criminal law prohibiting murder can restrict how the President exercises that authority.”skip past newsletter promotionafter newsletter promotionWhile the majority opinion, written by Chief Justice John Roberts, claims it hems in presidential immunity in some ways, Sotomayor takes that idea to task. The majority opinion is an “embrace of the most far-reaching view of Presidential immunity on offer”. No one has claimed that purely private acts would be immune from prosecution, she writes, making their exclusion an “unremarkable proposition”.The court effectively expanded what is considered an official act in a way that will capture events beyond a presidential’s core duties and ensnare unofficial acts, she claims. And a prohibition on bringing up these official acts during a prosecution of unofficial acts “deprives these prosecutions of any teeth”.She lays out an example: “For instance, the majority struggles with classifying whether a President’s speech is in his capacity as President (official act) or as a candidate (unofficial act). Imagine a President states in an official speech that he intends to stop a political rival from passing legislation that he opposes, no matter what it takes to do so (official act). He then hires a private hitman to murder that political rival (unofficial act). Under the majority’s rule, the murder indictment could include no allegation of the President’s public admission of premeditated intent to support the mens rea of murder. That is a strange result, to say the least.”The majority wrote that immunity is necessary because it allows the nation’s top elected official to execute his duties “fearlessly and fairly” and take “bold and unhesitating action” without the threat of looming prosecution. But, Sotomayor hits back, it’s more dangerous for a president to feel empowered to break the law.“I am deeply troubled by the idea, inherent in the majority’s opinion, that our Nation loses something valuable when the President is forced to operate within the confines of federal criminal law.”The testy dissent was replete with digs at the conservative-dominated court, which, aided by justices Trump appointed when he was in office, now counts just three liberal justices and has moved the country further to the right in recent years as a result.Sotomayor directs readers to “feel free to skip over those pages of the majority’s opinion” about one area in the conservatives’ arguments. She said the majority “invents an atextual, ahistorical, and unjustifiable immunity that puts the President above the law”. The conservatives relied on “little more than its own misguided wisdom”, she wrote. She added that “it seems history matters to this Court only when it is convenient.”“In sum, the majority today endorses an expansive vision of Presidential immunity that was never recognized by the Founders, any sitting President, the Executive Branch, or even President Trump’s lawyers, until now. Settled understandings of the Constitution are of little use to the majority in this case, and so it ignores them,” she wrote. More

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      Republicans hail Trump immunity ruling as Democrats warn ‘we will not have a democracy’

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      While Republicans applauded the supreme court’s decision to grant Donald Trump immunity for official acts undertaken as president, Democratic leaders expressed outrage over a ruling that legal experts warn could undermine the foundations of US democracy.The court’s six conservative justices ruled that presidents have “absolute immunity” for official acts but no immunity from unofficial acts. The distinction could hamper the federal case against Trump over his efforts to overturn the results of the 2020 presidential election, and makes it even less likely that the case will go to trial before election day in November.Trump celebrated the ruling as a “big win for our constitution and democracy” – a view echoed by the Republican House speaker, Mike Johnson.“Today’s ruling by the court is a victory for former President Trump and all future presidents, and another defeat for President Biden’s weaponized Department of Justice and Jack Smith,” Johnson said.“As President Trump has repeatedly said, the American people, not President Biden’s bureaucrats, will decide the November 5 election.”Jim Jordan, the Republican chair of the House judiciary committee, weighed in as well. “Hyper-partisan prosecutors like Jack Smith cannot weaponize the rule of law to go after the administration’s chief political rival, and we hope that the left will stop its attacks on President Trump and uphold democratic norms,” Jordan said.Democrats, meanwhile, condemned the decision as a disgrace, describing it as an attack on the separation of powers and a black mark on the supreme court’s reputation.“This is a sad day for America and a sad day for our democracy,” said Chuck Schumer, the Democratic Senate majority leader.“This disgraceful decision by the Maga supreme court – which is comprised of three justices appointed by Mr Trump himself – enables the former president to weaken our democracy by breaking the law. This decision undermines the credibility of the supreme court, and suggests that political influence trumps all in our courts today.”Hakeem Jeffries, the House Democratic leader, said the ruling “sets a dangerous precedent for the future of our nation”, adding: “The Framers of the constitution envisioned a democracy governed by the rule of law and the consent of the American people. They did not intend for our nation to be ruled by a king or monarch who could act with absolute impunity.”Legal experts voiced similar concerns about the ruling’s implications, highlighting liberal justice Sonia Sotomayor’s warning that the decision could enable a future president to claim immunity for blatantly illegal acts such as ordering the assassination of a political rival or organizing a military coup to stay in power.“Scotus’s immunity decision will in time rank as among the court’s worst decisions in its many year history,” Claire Finkelstein, a law professor at the University of Pennsylvania, said. “Any US president can now violate the law to remain in power as long as he cloaks it in the trappings of his office.”Joyce Alene, a law professor at the University of Alabama, concluded: “It’s up to American voters. We held Trump accountable at the polls in 2020 [and] must do it again in 2024. Because the supreme court won’t.”skip past newsletter promotionafter newsletter promotionJoe Biden’s campaign team agreed that the ruling only heightened the stakes of the presidential race, and they urged voters to reject Trump in November to avoid a repeat of the violence seen on 6 January 2021.On a Biden campaign press call, the congresswoman Jasmine Crockett, a Texas Democrat, said the ruling underscored how Trump’s re-election would endanger Americans’ fundamental freedoms.“We’re talking about reproductive freedom, freedom to access the ballot box, freedom to love who you want, freedom of press, freedom of speech, freedom of religion and freedom to live the life you want to live,” Crockett said. “We can’t underestimate Donald Trump’s threat or his dark vision for our future.”Harry Dunn, a former US Capitol police officer who working during the January 6 insurrection, told reporters that the ruling amplified Trump’s status as “the single greatest threat to our democracy”.“We don’t need nine supreme court justices to tell me that Donald Trump was responsible for January 6,” Dunn said. “I was there. Those people that attacked us, they attacked us in his name on his orders.”Congressman Dan Goldman, a Democrat from New York who previously served as lead majority counsel in Trump’s first impeachment inquiry, went even further by framing Trump’s re-election as “far and away the biggest threat since the civil war”.Goldman said: “If Joe Biden is not elected in November, we will not have a democracy that we have known for 250 years.” More

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      US supreme court weakens statute cited by January 6 prosecutors

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      Conservative bloc
      Alito – Majority
      Barrett – Minority
      Gorsuch – Majority
      Kavanaugh – Majority
      Roberts – Majority
      Thomas – Majority
      Liberal bloc
      Jackson – Majority
      Kagan – Minority
      Sotomayor – Minority
      The US supreme court has narrowed the statute that prosecutors have relied in the cases over hundreds of rioters who took part in the January 6 Capitol attack for obstruction of an official proceeding – in a ruling with profound implications for hundreds of other participants on that day in 2021.The 6-3 ruling in the case of Fischer v United States could also affect the federal criminal case against Donald Trump, who is charged with similar offences in special counsel Jack Smith’s investigation into the assault. Justice Ketanji Brown Jackson joined the conservative justices in the case, with Chief Justice John Roberts writing the majority opinion. Conservative Justice Amy Coney Barrett wrote a dissenting opinion joined by Sonia Sotomayor and Elena Kagan.More details soon… More

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      The abortion ruling hides conservative justices’ partisan agenda | Moira Donegan

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      The supreme court is a messy institution. It’s six conservative justices are mired in infighting over both the pace of their shared ideological project of remaking American law and life according to rightwing preferences, and over their preferred methodological course for doing so. Their squabbling is not helped by the fact that two of them, Clarence Thomas and Samuel Alito, keep embarrassing the court with gauche public scandals, which draw attention to the court’s legitimacy crises like a vulgar flag waving above One First Street. For their part, the liberals are exhausted, impotent, and at times apparently publicly despairing. Their dissents have sometimes taken on tones of exasperation and peeved sarcasm, as if they’re turning to the country and asking: “Can you believe this?” Their most senior member, Sonia Sotomayor, recently told an interviewer that over the past several terms, since the court’s conservative supermajority was sealed under the Trump administration, she has sometimes gone into her chambers after the announcement of major decisions and wept. She says she anticipates having to do so again: in one recent dissent, she warned ominously about the future of gay marriage rights.The court’s partisans like to point out that it controls neither the military nor the federal budget; the court’s legitimacy, they say, comes merely from the fact that people believe it to be legitimate. But increasingly, many of them don’t. The court’s approval rating remains at record lows, and the justices’ conduct over the past several years has punctured the mystique of scholarly seriousness that the institution once pretended to. They don’t seem like wise legal scholars, carefully and dispassionately deliberating the merits of competing interests and claims. Instead, they seem more like a bunch of bumbling partisan hacks – perhaps just more cynical and less clever than the average Republican operatives stuffed into suits throughout DC.The court did not appear particularly competent, for instance, when on Wednesday, a draft opinion in Moyle v United States, was briefly uploaded to the court’s web page. The case concerns Idaho, which has one of the most extreme and sadistic anti-choice legal regimes in the nation, and asks whether states’ attempts to ban abortions even in cases of medical emergencies can be preempted by Emtala, a federal law regulating emergency rooms. After it was uploaded, the opinion was quickly taken down; in a statement, a supreme court spokesperson said that the opinion had been uploaded briefly by mistake. By then, Bloomberg news had already obtained the full text of the draft, and it was published soon thereafter.This makes the third time in recent memory that an opinion in a high-profile supreme court case was leaked before its official release. The first was when Justice Alito reportedly told a conservative movement activist friend of his upcoming decision in 2014’s Burwell v Hobby Lobby, a case that struck down the Affordable Care Act’s contraception coverage mandate for religious employers; the second was when the draft of Alito’s majority opinion in Dobbs was leaked to Politico almost two full months before it was ultimately issued by the court. All three of these leaks have been in cases pertaining to women’s reproductive rights.But if the court is bumbling in their functioning, embarrassing in their public personas, and obviously fractious in their internal relations, then the leaked order in Moyle also shows that the conservative majority can be quite calculating in their political strategy. In the draft decision, issued per curium (that is, unsigned), the court dismisses the case as improvidently granted, and sends it back down to the lower courts. They include the restoration of a lower court order that had allowed emergency abortions to continue in Idaho hospitals while the case proceeds. For now, that means that women experiencing failing pregnancies in Idaho will still be able to get the care they need to preserve their health, their fertility and their lives; hopefully, emergency room doctors there will feel safe enough to actually perform the procedures, and patients will no longer have to be air lifted out of state to receive the routine care that will stabilize them. That’s what’s most important for the American public: that for the time being, lives will not be needlessly lost in service to the anti-choice agenda.But to the court’s conservative majority, what seems to be most important is pushing the abortion issue – and an inevitable ruling that eventually will allow states to ban emergency abortions – past the November election. The decision in Moyle was transparently a compromise between the court’s three liberals, who wanted to preserve women’s lives, and the three more pragmatic conservatives – John Roberts, Brett Kavanaugh and Amy Coney Barrett – who wanted to preserve Donald Trump’s electoral chances. These conservatives know that a ruling saying that states can allow women to bleed out, suffer septic infections, have seizures from eclampsia, lose the function of their uterus, and ultimately die – out of deference to preserving what by then are already doomed, futile pregnancies – would hurt Republican candidates in this November’s elections. That doesn’t mean they don’t want to issue such a murderous ruling; it means that they want to do so at a more politically convenient moment.So three of the court’s conservatives are acting like Republican political strategists, working to conceal their own legal agenda in order to minimize harm to their preferred party in an election year. That would be bad enough. But not all of the court’s conservatives can exercise even this degree of cynical, self-interested restraint. Although the order was issued per curium, Alito dissented, arguing that the state ban on emergency abortions should be enforceable under federal law; he was joined by Thomas and Neil Gorsuch. Some of his reasoning was echoed by Barrett, whose concurrence, studded with handwringing concerns as to whether Emtala sufficiently protected the conscience rights of anti-abortion doctors and whether it could preempt a state criminal law, read like a road map for anti-choice lawyers seeking to re-argue the issue at a later, more politically amenable time. (Another sign of the court’s dysfunction – how often opinions are now accompanied by a flurry of dissents and concurrences, with each of the justices seemingly very eager to publicly distinguish their own thinking from that of their colleagues.)Together, their writings made it clear that though the court’s conservatives are split – sometimes fiercely and peevishly so – over how fast to proceed, they agree over their ultimate goal: one day, probably sooner than we think, this case will come back, and the supreme court will allow states to ban emergency abortions. What follows will be blood on their hands. More

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      Most Americans have no idea how anti-worker the US supreme court has become | Steven Greenhouse

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      Under Chief Justice John Roberts, the supreme court has been supremely pro-corporate – one study even called the Roberts court “the most pro-business court in history”. Not only have many justices been groomed and vetted by the business-backed Federalist Society, but Clarence Thomas and Samuel Alito have taken lavish favors from billionaire corporate titans. Thomas has even spoken at two Koch network fundraising “donor summits”, gatherings of rightwing, ultra-wealthy business barons.While the court is decidedly pro-corporate, most Americans probably don’t know just how anti-worker and anti-union it really is. The justices have often shown a stunning callousness toward workers, and that means a callousness toward average Americans. One of the most egregious examples was a 2014 ruling – with an opinion written by Thomas – that held that Amazon, which holds workers up to 25 minutes after the ends of their shifts waiting to be screened to ensure they didn’t steal anything, doesn’t have to pay them for that time.Or take this month’s decision in which the court ruled in favor of Starbucks by making it harder for the National Labor Relations Board (NLRB) to win rapid reinstatement of workers who are illegally fired for supporting a union. In that case, Starbucks fired five of the six baristas who were heading an effort to unionize a Memphis Starbucks. After NLRB officials found that the workers had been fired unlawfully for backing a union, a federal judge agreed to the NLRB’s request to issue an injunction to quickly reinstate them. Many labor relations experts say it’s important for the NLRB to be able to win quick reinstatement after companies fire workers who lead unionization drives, as Starbucks has repeatedly done, because those firings often terrify co-workers and cause union drives to collapse.Writing the court’s majority opinion, Thomas ignored all that, oblivious to the injustices and suffering that many workers face when they exercise their right to form a union. Thomas said that federal judges, when issuing such injunctions, should follow a more exacting four-part test, rather than the worker-friendly two-part test the NLRB favored. Thomas’s opinion also ignored some glaring facts: the union has accused Starbucks of firing 150 pro-union baristas, and the NLRB has accused Starbucks of an astoundingly high number of violations of the law – 436 – in its efforts to block unionization.In contrast to Thomas, Ketanji Brown Jackson, in a partial concurrence and partial dissent, acknowledged the injustices and delays that pro-union workers often face. She wrote that “Congress, in enacting the National Labor Relations Act, recognized that delay in vindicating labor rights ‘during the “notoriously glacial” course of NLRB proceedings’ can lead to their defeat”. Jackson noted that the litigation over reinstating the Memphis baristas had dragged on for two years. (It was dismaying that Justices Elena Kagan and Sonia Sotomayor signed Thomas’s soulless, unsympathetic majority opinion rather than Jackson’s.)A 2022 study found that of the 57 justices who have sat on the court over the past century, the six justices with the most pro-business voting records are the six members of today’s 6-3, rightwing super-majority, all appointed by Republican presidents: Thomas, Alito, Roberts, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. The study found that Donald Trump’s three appointees – Gorsuch, Kavanaugh and Barrett – were the three most pro-business justices of the 57 evaluated. (That study also found that the court’s Democratic appointees at the time – Kagan, Sotomayor and Stephen Breyer – were among the top 20 pro-business justices.)All this is a far cry from when some justices were true champions of workers. Arthur Goldberg had been the general counsel of the United Steelworkers and served as secretary of labor under John F Kennedy. Justice William J Brennan Jr, whose father was a union official, was famous for going to bat for workers. As a lawyer, Louis Brandeis filed famous, detailed supreme court briefs in cases that sought to uphold pro-worker laws.In sharp contrast, today’s conservative judges seem to almost reflexively rule against workers and unions. They seem to view workers and unions as unwelcome nuisances that are seeking to make life difficult for corporations as they pursue their noble mission of maximizing their profits and share prices.Take the court’s 5-4 Epic Systems ruling of 2018. Gorsuch’s majority opinion blessed corporations’ efforts to prohibit workers from filing class-action lawsuits. It instead let employers require employees to pursue their grievances through individual, closed-door arbitrations, which greatly favor employers, according to various studies. Because lawyers are far less willing to take individual worker cases than class actions, Epic Systems gutted workers’ ability to vindicate their rights against sexual harassment, racial discrimination and wage theft.In her dissent, Justice Ruth Bader Ginsburg called the majority opinion “egregiously wrong”. She also said the ruling would result in “huge under-enforcement of federal and state statutes designed to advance the wellbeing of vulnerable workers”. Ginsburg added that it’s difficult and potentially perilous to pursue small claims individually. “By joining hands in litigation,” she wrote, “workers can spread the costs of litigation and reduce the risk of employer retaliation.”Another case that showed shocking insensitivity toward workers’ concerns was the 2007 Lilly Ledbetter case. Ledbetter was a supervisor at a Goodyear tire plant in Alabama, where for years she earned substantially less than the 16 men at the same management level. That pay discrimination was hidden from her, and she learned of it only after more than 15 years on the job. Alito wrote the court’s inflexible, unsympathetic 5-4 majority opinion, ruling that her case should be thrown out because she had failed to file her complaint within 180 days after her pay was set, as the law called for.Ginsburg angrily dissented, writing that the ruling “is totally at odds with the robust protection against workplace discrimination Congress intended Title VII to secure”. Ginsburg added that Alito’s majority opinion “does not comprehend, or is indifferent to, the insidious way in which women can be victims of pay discrimination”.There have been some recent anti-union cases. Last year, in Glacier Northwest, the court made it easier for corporations to sue unions for any financial damage they suffer when workers go on strike – a ruling that could discourage workers from using their most powerful form of leverage. In 2021, in the Cedar Point Nursery case, the court put property rights far above worker rights and union rights when it overturned part of a California law, inspired by Cesar Chavez, that granted union organizers a right to go on farm owners’ property to speak with farm workers.By far the most important anti-union decision in recent years was Janus v. AFSCME, a 5-4 ruling, written by Alito, in which the court held that requiring government employees to pay fees to their union violated their first amendment rights. That ruling allowed any federal, state or local government employees to opt out of paying union fees – and was immediately seen as a blow that would weaken unions and their treasuries. Ten minutes after the court issued that decision, then president Trump tweeted: “Big loss for the coffers of the Democrats!”The Janus case was underwritten by rightwing foundations and billionaire corporate powerhouses, including Richard Uihlein and the Koch Brothers. (Remember, Clarence Thomas attended their “donor summits”.)The supreme court’s approval ratings have fallen to a record low. Many Americans think the court is corrupt and has lost its way – its justices take all-expenses-paid vacations with billionaires, fail to disclose gifts, ignore blatant conflicts of interest, and one justice’s home hung an upside-down flag apparently showing sympathy for Trump’s “Stop the Steal” movement.One easy step the court can take to begin an effort to regain respect and popularity would be to be stop ruling so often in favor of multibillion corporations and instead side with workers, eg typical Americans – and with labor unions, institutions that fight to improve the lives of average Americans. It just might help, and would further the cause of justice, if the court were to show that it cares more about embattled workers than about billionaires and faceless corporations.
      Steven Greenhouse, a senior fellow at the Century Foundation, is an American labor and workplace journalist and writer More