As you’ve no doubt heard by now, the Republican-controlled Supreme Court shredded the last of its tattered credibility by handing Donald Trump exactly what he was hoping for in his presidential immunity case. With the liberal justices dissenting, the court decided that presidents have immunity for so-called “official” acts, an utterly absurd idea that opens the floodgates to all manner of grotesque abuses.
The case has now been remanded to the trial court for further proceedings, which means that Trump will receive the delay he wanted as well as a guarantee that his DC prosecution won’t go to trial before the November election. This outcome is, of course, exactly what the right-wing justices wanted and the entire reason that they agreed to take up the case in the first place. They’re now hoping that Trump wins back the White House and pardons himself— a move they would undoubtedly validate.
As if that weren’t enough, Chief Justice John Roberts wrote that “the separation of powers precludes the criminal prosecution of a sitting president” which means essentially that a sitting president can do whatever he wants regardless of the law. With a law-abiding man like Joe Biden in power, it of course isn’t an issue— but if Trump or a similarly criminal individual seizes the Oval Office, the results will be disastrous.
to tell Congress to impeach the GOP Supreme Justices for giving Trump immunity, sign here 👉
Most worryingly, under this new precedent, Trump will be shielded from prosecution for everything that he does, but only while in power— which heavily incentivizes him to attempt to stay in power indefinitely. Since he can’t be prosecuted, what’s to stop him from deploying the military to cancel future elections? Or, as his lawyers openly argued in court, why wouldn’t he be allowed to deploy Seal Team Six to liquidate his political opponents? He already attempted to overthrow our democracy with a violent insurrection once before. What will he do now that he’s been given a green light to violate any and all laws with impunity?
That said, our strategy remains the same. It all comes down to winning this election. If we crush Trump at the ballot box, we deny him the opportunity to exploit this new precedent to make himself a dictator. What’s more, we prevent him from possibly replacing even more justices on the Supreme Court. We’re sliding into a fascist dystopia with a 6-3 conservative majority on the court; imagine how much worse it’ll get with a 7-2 tilt. It would ensure, without exaggeration, minoritarian far-right rule for generations.
More than anything, this ruling crystallizes the stakes. Yes, President Biden had a poor showing at the debate and some Americans have lost their confidence in him. But when you zoom out and realize that a second Trump presidency could very likely end our democracy for good, the choice suddenly comes into stark focus.
This election isn’t about who can deploy the brightest rhetorical fireworks at a podium during a ninety-minute debate. It’s about abortion, contraception, IVF, same-sex marriage, LGBTQ rights, fair maps, a voting rights act, gerrymandering, and democracy itself— all of which stand to wither at the hands of this right-wing Supreme Court. That is what’s on the ballot this November.
Stay focused, stay energized.
Brian
The Legal Breakdown
Glenn Kirschner discusses the bombshell Supreme Court ruling on presidential immunity.
Democracy Watch
Marc Elias discusses solutions to the bombshell Trump ruling.
Interview
Brian interviews Fox LA anchor Elex Michaelson about his take on the debate and what it means for the election more broadly.
PRE-ORDER “SHAMELESS”
I’ve written my first book, titled “Shameless.” The book lays bare the long con of the Republican Party, illuminating the dangers of the ever-widening gulf between the vaunted Republican brand and their actual behavior; how the media has proven itself a willful participant in this farce; and how Democrats can rebalance the political landscape. Featuring insights from Jen Psaki, Pete Buttigieg, among others, and with a foreword by Jamie Raskin, Shameless will be essential reading as we head toward November. Please pre-order now for a signed bookplate by following the link below!
Order Yours!
DON'T BE A MITCH FUND
The "Don't Be A Mitch" campaign is back after a hugely successful 2022 cycle, having raised $1.2 million for voter registration groups ahead of the midterm elections. This year, with a tough Senate map, we have no room for error. I put together a list of organizations from 5 key states (Montana, Ohio, Arizona, Wisconsin, and Missouri) that I think are best situated to ensure that the Senate stays in Democrats' hands. Any amount helps!
Contribute now!
