It looks like some work needs to be done to the pediment atop the front doors of the Supreme Court (R). There, chiseled in marble in large letters for all to see, are the words "Equal Justice Under Law." The Republican justices’ comments during today’s oral arguments in the Trump immunity case made such a mockery of those words that those words will need to
be replaced, or at minimum, augmented. Something like "Equal Justice Under Law, Except for Republican Presidents, Who Are Henceforth Immune When They Violate It." That’s a lot to chisel, but chiseling (and worse), if you’re a Republican president, is now OK. As the special prosecutor’s case against Donald Trump for inciting a violent mob seeking, at his behest, to overturn the results of the 2020 presidential election wended its way through lower courts, those courts found no merit in Trump’s claim that anything he did while president was not subject to U.S. law because presidents are immune from U.S. law’s strictures. Only when the case reached the Supremes did it find Republican judges so partisan that they were willing to grant immunity to Republican presidents’ running amok. While most of the
Republican justices seemed willing to imply that not every action a president commits is inherently immune from the laws that every other American is obliged to follow, they made clear that courts had to distinguish those actions made as president from those actions made, say, as a candidate, or a bribe recipient, or an abusive husband, or a belligerent drunk. And unless they choose to spell out these distinctions in their own ruling, the Republican justices are likely to send this case back to the federal district court whence it originated, requiring the judge there to rule which of the charges brought against Trump pertain to his presidential duties and must therefore be dismissed, and which do not. This would surely push Trump’s trial into next year, or into never-never land should Trump win the November election. Rather than deal directly themselves with the case filed against Trump, most of the Republican justices sought to cloak themselves with a patina of concern for larger questions. "We’re writing a rule for the ages," Justice Neil Gorsuch (R) intoned, raising the specter of future presidents being persecuted during their well-deserved retirements.
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