Some justices suggested during oral arguments that they were taking a sweeping approach to the case. “We are writing a rule for the ages,” Justice #Gorsuch said.

#Trump is facing 4 charges stemming from his attempts to overturn #Biden’s victory in the #2020election, the most serious of which carries a max of 20 yrs in #prison. The case has been on hold while #SCOTUS *considers* Trump’s argument that presidents are immune from prosecution for *official* acts they take while in office.

#law

If #SCOTUS devises a test: Do they apply it themselves? (Doubtful) Or do they return the case to District Court Judge Tanya #Chutkan & instruct her to apply it? (More likely)

If the justices apply the test themselves & allow some of the charges against #Trump to stand, the case could proceed. But if the court asks Chutkan to apply a test & she finds Trump is not #immune from prosecution, then Trump would undoubtedly appeal which would further delay a trial.

#law

#JackSmith might also decide to revise the charges against #Trump to move the case forward — a possibility that #SCOTUS Justice #AmyConeyBarrett raised during oral argument.

If the court rules that Trump cannot be prosecuted for official conduct as president but his private conduct is fair game, Barrett asked, “Is another option for the special counsel to just proceed based on the private conduct & drop the official conduct?”

#law

Michael Waldman, a fmr speechwriter in Pres Bill Clinton’s WH who is president & chief exec of the @BrennanCenter for #Justice, said the timing of the ruling might be more important than the decision.

“The court has already given #Trump what he craved, which is de facto #immunity before the #election,” Waldman said. By deciding the case on the final day of the term, the court has made it “very, very, very, very, very unlikely” it will go to trial before Election Day.

#SCOTUS #law

If the trial doesn’t start by Election Day, the fate of Smith’s case might depend on the election’s outcome. #Trump could tell his AG to drop the case if he wins.

Waldman is watching whether #SCOTUS rules unanimously — as it did in 1974 when it ordered President Richard #Nixon to hand over the #Watergate tapes, another important case on the limits of presidential #power — or the ruling is divided along ideological lines.

#law #PartisanCourt #ActivistCourt #CorruptCourt

“The #credibility of the court is on the line, & they risk looking very #partisan, depending on not just what they do but how they do it,” Waldman said.

“What made the Court’s 1974 ruling in the #Nixon …case so profound was not its reasoning, but the fact that it was an 8-0 repudiation of Nixon by a Chief Justice he had appointed. I certainly hope that the Court finds a way to present a united front in whatever it decides in #Trump’s case. But…I’m not optimistic,” Vladeck wrote.

#SCOTUS #law

there are two boxes of opinions this morning holding the final three decisions of the term.

The first of three final rulings to be released is about the statute of limitations to challenge fees that retailers can be charged by banks for debit card transactions. The case is Corner Post v. Federal Reserve.

#SCOTUS #law supremecourt.gov/opinions/23pd…

The court has issued its ruling in #NetChoice v. #Paxton & #Moody V. NetChoice, blocking both the Florida and Texas social media laws while litigation continues in lower courts. Here is the ruling.

#SCOTUS #law
supremecourt.gov/opinions/23pd…

#Trump #immunity #SCOTUS ruling 6-3 liberals in dissent.

“entitled to presumptive immunity for official acts”

“A former president is entitled to absolute immunity from criminal prosecution for actions within his ‘conclusive and preclusive constitutional authority,’ the ruling says. “There is no immunity for unofficial acts.”

#law

Here is the 119 page on #Trump #immunity

static01.nyt.com/newsgraphics/…

The #SCOTUS has remanded the case to the Federal District Court judge overseeing the matter, Tanya #Chutkan, to determine the nature of the acts for which Trump has been charged — which are unofficial ones he undertook in his personal capacity & which are official ones he undertook as president.

#law

#SCOTUS

“The president is not above the #law, but Congress may not criminalize the president’s conduct in carrying out the responsibilities of the executive branch under the Constitution. And the system of separated powers designed by the Framers has always demanded an energetic, independent executive. The president therefore may not be prosecuted for exercising his core constitutional powers, & he is entitled, at a minimum, to a presumptive immunity from prosecution for all his ofcl acts.”

Justice #Sotomayor dissent:

“Never in the history of our Republic has a President had reason to believe that he would be #immune from #criminal prosecution if he used the trappings of his office to violate the criminal #law. Moving forward, however, all former Presidents will be cloaked in such #immunity.
…if the occupant of that office misuses official power for personal gain, the criminal law that the rest of us must abide will not provide a backstop. With fear for our #democracy, I dissent."

A key quote from the #immunity ruling:

“#Trump is absolutely immune from prosecution for the alleged conduct involving his discussions with Justice Department officials.”

#SCOTUS #law

#SCOTUS Chief Justice #JohnRoberts says #Trump’s pressuring of #MikePence was certainly official conduct, but leaves open the question of whether it counts as the core kind that Trump is absolutely #immune for, or a lessor kind where he has only a presumption of #immunity that can be overcome.

#law

#SCOTUS grants fmr presidents an expansive amount of protection against #criminal prosecution by ruling that there is “presumption of #immunity” for acts that fall within “the outer perimeter” of a president’s official duties. That’s the same broad standard that protects presidents & fmr presidents against #civil lawsuits. Whether the “outer perimeter” test holds up in #Trump’s case remains to be seen.

#law

#SCOTUS’ decision finds not only that a president can’t be charged for any official acts, but also that evidence involving officials can’t be introduced to bolster accusations made about unofficial acts. If I’m reading this right, Chief #JusticeRoberts has reversed himself from his position during oral arguments.

#law #Trump #immunity #democracy

Chief #JusticeRoberts's ruling expresses skepticism that #Trump could be prosecuted for the speech he gave on #Jan6 or any of his tweets that day. Roberts notes that “most of a president’s public communications are likely to fall comfortably within the outer perimeter of his official responsibilities.” But he leaves open the possibility that Trump could face charges for his words if they were delivered as “a candidate for office.”

#SCOTUS #law #democracy

More from #Sotomayor's dissent, this ruling dramatically expands presidential #power — not just for #Trump but for all presidents.

“The Court effectively creates a law-free zone around the President, upsetting the status quo that has existed since the Founding. This new official-acts #immunity now 'lies about like a loaded weapon' for any President that wishes to place his own interests, his own political survival, or his own financial gain, above the interests of the Nation.”

#SCOTUS #law

More from Justice #Sotomayor:

“The President of the United States is the most powerful person in the country, & 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. 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.”

#SCOTUS #law #Trump #immunity