In a blistering dissent, Justice Sonia Sotomayor expressed profound concern over the July 1 Supreme Court ruling on presidential immunity, stating it left her with “fear for our democracy.”
The landmark 6-3 decision on Monday (July 1) redefined executive power, granting former presidents immunity from criminal prosecution for “official acts” taken while in office. However, it clarified that this protection does not extend to “unofficial acts.”
This ruling immediately affects the case against former President Donald Trump regarding his alleged attempts to subvert the 2020 election. The trial court must now determine which actions alleged by federal prosecutors are considered official and thus protected.
Justice Sonia Sotomayor: POTUS is now above the law
The decision’s implications extend far beyond this case, influencing the future of the presidency. Justice Sotomayor warned of chilling effects, arguing that this ruling places the president “above the law” in all official actions.
“Today’s decision creates a law-free zone around the President, upsetting a status quo that has existed since the Founding,” Sotomayor wrote. She underscored severe scenarios debated during the immunity arguments, suggesting the majority’s guidelines would shield former presidents even in extreme cases.
“The President, the most powerful person in the country, and possibly the world, is now insulated from criminal prosecution for using official powers,” 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.”
Crossing the line of criminality
Justices Elena Kagan and Ketanji Brown Jackson joined Sotomayor in her dissent. Jackson highlighted the decision’s complexity and potential to embolden unlawful presidential actions.
“By casting doubt on when a former President may face criminal liability for any criminal conduct while in office, the majority incentivizes future Presidents to cross the line of criminality, knowing they may be presumed above prosecution,” Jackson wrote.
Source: Supreme Court’s liberal justices warn of ‘law-free zone’ stemming from Trump immunity ruling
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