SCOTUS Fails to Meet the Moment in Trump Immunity Case
The majority opinion of Chief Justice Roberts in Trump v. United States contains two inter-related fundamental flaws. First, echoing a grandiose statement during the oral argument by Justice Gorsuch that the Court must write "a rule for the ages," the majority in Trump sees its role primarily as one of setting a precedent for all potential future Presidents. The Court worries that if it provides Trump with insufficient immunity it will give rise to "an Executive Branch that cannibalizes itself, with each successive President free to prosecute his predecessors . . . ." Never mind that that is not what's happening here, given that the President's appointed Attorney General was highly reluctant to proceed with the prosecution and then assigned the task to a special counsel. What's most galling about that statement and the entire opinion is the not-at-all-tacit assumption that Trump was a normal President. Yes, of course the Court needs to announce rules