Justice Sotomayor’s Blistering Dissent to the Supreme Court’s Gift of Immunity to King Trump

After an interminable, deliberate, and unwarranted delay, the MAGA majority on the Supreme Court has finally ruled that convicted felon Donald Trump has some measure of immunity for so-called “official” conduct as president. It was a 6-3 ruling on predictably ideological lines.

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Donald Trump, Constitution

What this means in practice is that the president is now unbound by the rule of law and may commit crimes at will with little to no consequences. In other words, what was once the office of the presidency is now the throne of a king. The court did not so much decide on immunity as impunity. And they did so with an election coming up that could return a recidivist criminal (Trump) to office.

SEE THIS: Don’t Even Try It? Trump Issues Threat to ‘Anyone Considering Doing Anything’ Before He’s Elected

The majority opinion delivered to Trump almost everything that he hoped for. And he thanked them in a series of posts on his floundering social media scam, Truth Social.

However, Justice Sonia Sotomayor wrote a dissent that not only shredded the brazenly biased opinion written by Chief Justice John Roberts, it also sounded the alarm for the imminent danger that the nation faces in the event of the election of a president who takes advantage of the new totalitarian license provided by a court whose own members (Clarence Thomas and Samuel Alito) are themselves legally and/or ethically tainted. Sotomayor wrote (with emphasis added) that…

“Today’s decision to grant former Presidents criminal immunity reshapes the institution of the Presidency. It makes a mockery of the principle, foundational to our Constitution and system of Government, that no man is above the law. Relying on little more than its own misguided wisdom about the need for ‘bold and unhesitating action’ by the President, the Court gives former President Trump all the immunity he asked for and more.” […]

“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. 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.”

So what now? First and foremost, Trump must be soundly defeated in November. If reelected he has promised to exact “retribution” on his political foes. That means anyone who is less than unflinchingly loyal to him among members of Congress, judges and prosecutors, state officials, business leaders, private citizens, and journalists and media organizations.

Secondly, Congress must act to undo the atrocity that the Supreme Court has imposed. They must pass laws that explicitly hold the president accountable for crimes that he commits. They must reform the Supreme Court by adding new members, placing term limits on them, and enacting a code of ethics with real consequences for violators.

Finally, they should proceed to impeach Trump for the third time. That’s right. There is nothing that prohibits an impeachment for a former president. And if successful in the House, it can proceed to the Senate, giving them another opportunity to convict Trump and forbid him from holding any federal office. That would at least provide some protection from this particular criminal from becoming president again and committing more crimes under the Court’s now rules.


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