It is cruel irony that the Supreme Court issued its abominable decision in Trump v. United States three days before this Independence Day 2024. The American Revolution was fought in order that Americans would secure our nation’s independence from the British monarchy
and its then-ruling King George III and could establish its own system of constitutional self-government in which no man -- last of all the President of the United States -- would be above the law.
Constitutional scholars and other students of the Constitution and the Supreme Court are already likening Trump v. United States to the most opprobrious and ignominius decisions ever decided by the Supreme Court, including Dred Scott, Korematsu, and Plessy v. Ferguson.
In this article “Roberts Court, A Threat to Democracy’s Future,” Sharon L. Davies, President and CEO of the Kettering Foundation, observes that “[Trump v. United States] immediately takes its place alongside those decisions[,]
elevat[ing] the president to a near-monarch --precisely what the Founders sought to prevent by building checks and balances into our system of governance -- threaten[ing] our nation’s democracy.”
“By undermining those safeguards, the majority paves the way for aspiring strongmen of the future to hold themselves above the rule of law and unaccountable to the public will," she continues.
Neal Katyal and I are Senior Fellows of the Charles F. Kettering Foundation and said as much in an interview yesterday with Kettering’s Brad Rourke, which will be released Monday.
@KetteringFdn, @KetteringPrez, @bradrourke, @neal_katyal
In these perilous times for America’s Democracy and Rule of Law, there could hardly be anything more important than that we Americans recommit ourselves to our Democracy and the Rule of Law.
Were he here today, Abraham Lincoln might say that America is in desperate need of a revival around the Constitution and the Rule of Law, if ever it has been.
Toward that end of recommitment, @chkbal has promulgated a Statement of Principles that articulates and reaffirms the core tenets of American Democracy and the Rule of Law that have made our country the beacon of democracy and freedom to the world for almost 250 years.
The full quote that I gave to @jodikantor of the New York Times was as follows:
“I have long said that Supreme Court Justices, their spouses, and their families should conduct themselves in all ways and at all times such that they are beyond reproach. The honor of serving the nation on the Supreme Court requires nothing less than this,
if the Court is to earn the respect of the American People that is indispensable to the public’s acceptance of the Court’s judgments. It is the responsibility of the Supreme Court to earn the respect of the American People, not vice versa.”
As with the three-hour argument in Trump v. Anderson, a disconcertingly precious little of the two-hour argument today was even devoted to the specific and only question presented for decision.
The Court and the parties discussed everything but the specific question presented.
That question is simply whether a former President of the United States may be prosecuted for attempting to remain in power notwithstanding the election of his successor by the American People.
The Nation is witnessing the determined delegitimization of both its Federal and State judiciaries and the systematic dismantling of its system of justice and Rule of Law by a single man – the former President of the United States.
In the months ahead, the former president can only be expected to ramp up his unprecedented efforts to delegitimize the courts of the United States, the nation’s state courts, and America’s system of justice,
through his vicious, disgraceful, and unforgiveable attacks and threats on the Federal and State Judiciaries and the individual Judges of these courts.
Professor Laurence Tribe @tribelaw and I have written this essay on the Supreme Court's decision in Anderson v. Trump, which @TheAtlantic has just posted.
"Whether born of a steeled determination not to disqualify the presumptive Republican nominee from the presidency, or of a debilitating fear of even deciding whether the Constitution disqualifies the presumptive Republican nominee
precisely because he is the presumptive Republican nominee, [the Court's decision] represents a constitutionally unforgivable departure from the fundamental truth of our republic that “no man is above the law.”
My thoughts about the Supreme Court’s decision today, with CNN’s Jake Tapper just now.
The ruling is astonishing and unprecedented, not for its decision of the exceedingly narrow — and only — question presented
(though, significantly, four of the Justices agreed only with the “result” of that decision, and not with its reasoning)
but rather, for the five-Justice majority’s decision to reach out gratuitously and decide essentially all of the equally, if not more momentous, constitutional questions that would need to be decided