The court’s power grab shocked even those who recognised the gravity of the court’s recklessness in overturning a verdict. Roe v. Wade and Chevron v. Natural Resources Defense Council And it gutted the Voting Rights Act, shattered any pretense that the Supreme Court was guided by principle, and opened the door for an unprincipled president to commit outrageous crimes with impunity.
Many will be sympathetic to Justice Ketanji Brown Jackson’s dissent.
I simply cannot stomach the majority’s senseless abandonment of a model of criminal accountability in which all citizens of this country are equally subject to the law, as the rule of law requires. This fundamental principle has long prevented our country from descending into tyranny, but the Supreme Court has now chosen to loosen the guardrails of the law for an all-too-powerful category of citizen: a future president willing to ignore the boundaries set by Congress.
The urgency of defeating former President Donald Trump, who led the insurrection and may not go unpunished, is hard to quantify.
All this came after Biden’s debate performance, which sent shockwaves of panic through the Democratic Party. Those who rushed to call for his resignation, without any polling evidence to back up their dire predictions and without giving him a chance to correct course, acted irresponsibly and made the dilemma even worse. The pundits’ arrogant efforts to oust the party’s democratically chosen candidate, without any regard for the possible upset or the relative merits of throwing away incumbency advantage, did not help. Such excesses, combined with the media’s continuing efforts to normalize Trump (despite his obvious mental weaknesses, character flaws, and tyrannical agenda), naturally led Biden to step up his resistance.
What happens then? Biden can show he is still up to the task, take the lead, make the Supreme Court’s constitutional murder charge a focal point of his campaign, and unleash the most capable prosecutor, Vice President Harris, to help with the case against Trump and the Supreme Court. Emboldened by the threat posed by the Supreme Court’s decision, Biden can win the election and begin to repair our democracy (subject to the results of congressional elections and Democrats’ willingness to reform the Supreme Court to eliminate the judicial tyranny of the past few years).
Biden needs to appear forceful on the issues, hold town hall meetings and answer tough interviews to dispel doubts about his fitness and electability. Monday’s appearance was a good start; he looked and sounded strong, but he needs to be freed from the teleprompter and comfortable speaking at length about important topics. If his interview with ABC’s George Stephanopoulos scheduled for Friday goes well, it could help calm anxious Democrats. But waiting so long to provide that reassurance, and barely appearing this week, has only stoked Democrats’ anxieties. Where was he?
If Biden cannot speak freely to dispel doubts, he has an obligation to pave the way for Harris to accept the nomination. It would be unconscionable and foolish for Democratic Party elites to choose someone from a pool of under-vetted candidates and ignore the first African-American woman vice president. If committed Democrats believe Biden’s retirement is the best option, they have an obligation to rally around Harris and make the transition as smooth as possible.
That means no one can or should remove a president from office for one bad performance. But time is limited. As on Monday night, Biden right away I am confident that through his rhetoric and strength of character, he can be successful in his aggressive efforts to prevent President Trump from returning to the Oval Office. Only then can the worst nightmare be averted and the work of reforming the Supreme Court begin.
This week’s celebrities
Justice Sonia Sotomayor wrote the historic dissent. “Today’s decision to grant criminal immunity to a former president reshapes the institution of the presidency,” she wrote, joined by Justices Jackson and Elena Kagan. “It makes a mockery of the bedrock principle of our Constitution and political system: that no one is above the law,” she added. “Because our Constitution does not exempt former presidents from liability for criminal or treasonable acts, I dissent.”
She is relentless, and therefore issues a clear warning that our republic is at risk. As she points out, “the argument falls apart under scrutiny. First, the majority’s broad ‘official acts’ immunity is inconsistent with text, history, and established understandings of the role of the president.” It is hard to argue with her charge that the Court’s decision is “indefensible.” “The central point of today’s decision is that all official presidential acts, defined without regard to motivation or intent, are entitled to ‘at least’ immunity.” Putativeand perhaps even “absolute.”
She explains what this means: “Order Navy SEAL Unit 6 to assassinate a political opponent? Impunity. Organize a military coup to stay in power? Impunity. Take a bribe in exchange for amnesty? Impunity. Impunity, impunity, impunity.” This is what the majority is inviting.
“At no time in the history of our Republic has there been any reason to believe that a president could use the power of his office to violate criminal laws and be immune from criminal prosecution. But from now on, all former presidents will be covered by such immunity. When those who hold that office abuse their public power for personal gain, they will no longer be protected by the criminal laws to which we all must obey.”
If you’re looking for historical inspiration or a Constitutional Refresher, here are some of my favorite places (in addition to the many monuments, museums, and institutions in Washington DC).
Gettysburg: The sense of awe you experience at Little Round Top, Peach Orchard and Cemetery Ridge is hard to put into words. No other place in the country transports you so effectively back in time. It inspires respect for those who gave, in Abraham Lincoln’s words, “the last and most complete devotion,” and reminds you of the great duty of devoting yourself “to the unfinished work which has been so nobly advanced by those who fought here.” (Antietam and Petersburg are also must-sees if you’re interested in Civil War history.)
National Constitution Center: It’s more important than ever to refresh our memories and deepen our understanding not only of the Constitution’s text, but also of the legal battles and collective actions that have protected our freedoms.
Ellis Island: Beautifully restored buildings and stunning exhibits demonstrate that we are a pluralistic nation defined not by race, ethnicity or religion, but by our aspirations and commitment to the American promise.
Mount Vernon: George Washington seems to many of us like a distant, stuffy figure. A visit to his home and his amazing library will change your perspective and give you a deeper understanding of this extraordinary man. of He was an essential figure in the founding of our country.
National Infantry Museum and National Museum of the Marine Corps: These museums in Georgia and Virginia offer in-depth insights into American wars and military life. The Marine Corps Museum in particular does an impressive job with intricate exhibit design (including walk-through simulations) and multimedia presentations.
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