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Minor Deity |
There seems to be a lot of misunderstanding about the Supreme Court’s ruling that a President has immunity for “official acts.” I think it’s a good ruling. I remind you the case was sent back to the lower court to determine whether Trump’s conduct amounted to “official acts.” I predict the lower court will find it did not. This ruling in no way amounts to making a President a “King.” It’s a good decision, well reasoned. The last thing we want is every ex-President tied up in lawsuits regarding decisions he made as part of his official duties. J
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Minor Deity |
Agreed. This benefits Biden as much as it does Trump. Moreso, perhaps, since it changes the subject from the debate. What it does not do is give a president carte blanche to do as they please.
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Beatification Candidate |
Thanks for the legal view. It makes me feel a bit better. Still... with Trump's past history of "doing what I want and go ahead and try to stop me in the courts", I think this just emboldens him further!
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| Minor Deity |
How is that different from any of the past few presidents, including Biden? It’s largely a result of a Congress committed more to reelection that governance.
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| Minor Deity |
Yes, it emboldens. Trump and gives him bragging rights,, but he’s too stupid to really understand how narrow a victory the SC ruling is. The case goes back to the lower court to determine whether Trumps conduct constitutes “official acts” This is the same lower court that already convicted him.
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| czarina Has Achieved Nirvana  |
Um. That is not what HCR is saying. I realize the ruling is subject to interpretation, but I also read it, and as far as I can tell, it flies in the face of the Constitution. It says the President is above the law. That is unconstitutional.
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| czarina Has Achieved Nirvana |
And when the lower court renders a decision that says these were not official acts, the Supreme Court can and will reverse their decision. Basically the SC ruling says it is up to the SC whether or not acts are official or not.
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| czarina Has Achieved Nirvana |
https://www.cnn.com/2024/07/03...ather-cox-richardson
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| czarina Has Achieved Nirvana |
https://heathercoxrichardson.s...ck.com/p/july-1-2024
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Minor Deity |
Thanks, JF. But I wonder why it took them so long!
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Has Achieved Nirvana |
"official acts" will be determined by the political composition of the lower courts and subject to the political composition of the highest court. The facade of apolitical courts is gone.
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| Minor Deity |
I think you are wrong. I have not read the decision but if the SC were to decide whether the acts were official, there would be no reason to send the case back to the lower court. Almost always an appellate court like the SC will limit its review to questions of law, like whether there is immunity for official acts, and it will defer to the lower court for questions of fact, like whether Trump’s conduct was an official act. Also important to remember this case is in the context of a criminal indictment, an extreme course of action. The separation of powers provides a powerful check on the ability of a President to act like a king. Let’s not forget the Congress refused to go along with Trumps demand that it declare him the winner of the election.
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| czarina Has Achieved Nirvana |
why not read the decision before offering an opinion? seems like a basic prerequisite.
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| Minor Deity |
Read it since. My response was based on knowledge of general legal procedure. Knowing that the Supreme Court sent the case to the lower court tells me with absolute certainty that the Supreme Court did not decide whether Trumps conduct was official business.
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| czarina Has Achieved Nirvana |
Right. But what is unprecedented is the court declaring that the president is immune from prosecution for "official" acts, and that the courts will decide what are and what are not "official" acts. Remanding it back down to the district court is just step one in exonerating Trump for Jan 6. Because after the district court decides this was not an official act, Trump appeals all the way to the Supreme Court. They made a procedural decision that will most certainly land back with them. And guess what? They can also decide that Biden's actions are unofficial and prosecutable.
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