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The Supreme Court’s ruling on the claim of immunity by former President Donald Trump was condemned in a dissent by Justice Sonia Sotomayor and President Joe Biden afterward.
The nation was rocked on Monday (July 1), as the Supreme Court issued its ruling on former President Donald Trump’s claims of absolute immunity for his actions in office. The vote was 6 – 3, as all of the conservative justices including Chief Justice John Roberts ruled that Trump was entitled to absolute immunity for acts carried out in his official capacity as president, but also ruled that not all of those acts were official. The ruling was seen as a major win for Trump as his trial to determine his role in the events leading up to the January 6 insurrection will now not take place until after the November presidential elections.
The three liberal justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson – dissented, with Sotomayor delivering a blistering opinion underscoring the severity of what took place. “Today’s decision to grant former Presidents criminal immunity reshapes the institution of the Presidency,” Sotomayor wrote, pointedly criticizing their conservative colleagues and Roberts, who authored the ruling. “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.” She would end the dissent with “The indictment paints a stark portrait of a President desperate to stay in power. Because our Constitution does not shield a former President from answering for criminal and treasonous acts, I dissent.”
Sotomayor’s opinion also called out how the majority – including Trump-appointed Justices Neil Gorsuch, Amy Comey Barrett and Brett Kavanaugh – didn’t offer clear guidelines as to what is deemed official. President Joe Biden issued a nationwide address on Monday evening noting that “America will have to render a judgment about Donald Trump’s behavior” and said the ruling “almost certainly means that there are almost no limits to what the president can do. “This is a fundamentally new principle,” Biden said. “It’s a dangerous precedent, because the power of the office will no longer be constrained by the law.” Biden also highlighted the danger apparent if Trump returns to office in November urging people to vote for democracy, stating that he “will be even more emboldened to do whatever he pleases whenever he wants to do it.”
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