Axios‘ article offers a summary of the implications of Special Counsel Jack Smith’s request for a two-week continuance to further analyze the Supreme Court’s immunity cases. Meanwhile, Politico provides a helpful analysis of the nuances of the Supreme Court’s immunity ruling and the difficulty of applying them.
Tag Archives: presidential immunity
“Echoes of Roe v. Wade in Decision Granting Immunity to Trump”
“The judicial method employed by Trump v. United States resembles Roe v. Wade in the ways that matter,” Richard D. Bernstein, who filed a supporting brief in the case on behalf of conservative critics of Mr. Trump’s legal positions, wrote in a blog post a week after the decision. . . .
The Dobbs decision criticized Roe for usurping the authority of legislators. Mr. Bernstein, who was a law clerk for Justice Scalia, said in an interview that the immunity decision was vulnerable to the same charge.
“The Trump decision cuts voters and their elected representatives out of the picture much more completely than Roe did,” he said. “Going forward, Congress could not enact even a narrow, specific statute providing that a president lacks any federal criminal immunity for even the most egregious official act — such as using the military domestically to arrest and detain political opponents.”