roberts’ reasoning is fundamentally (lower-case “r”) anti-republican. i know we dunk on the framers here but roberts has issued a rebuke of the revolutionary assumption that concentrated, unaccountable power is a fundamental threat to liberty.
I would joke that they've declared the Declaration of Independence unconstitutional, but it doesn't feel like a joke. These were all "official acts" as well.
roberts essentially ignores the purpose of separation of powers, which was not to create entirely separate spheres of action but to prevent the emergence of unchecked authority. instead, he says, separation of powers *demands* unchecked authority.
That's what's really striking about this decision. They're just not attacking our legal and constitutional framework. They're attacking the deepest philosophical underpinnings of our country — that power comes from the consent of the governed, and that no one is above the law.
Roberts, Alito, Kavanaugh, ACB and Thomas probably think this will usher in some kind of American Hapsburg Catholic Monarchy or something. They’re still fighting the 30 Years War here… (I can say this, I’m Confirmed!)
Accusing the dissent of claiming "infallibility," when it's the majority that is tying the hands of both other branches irrespective of what happens in the future, is such extraordinary projection
Chief Justice John Marshall in 1807 ruled that the President was subject to a subpoena, just like any other citizen. That was during Aaron Burr's treason trial, an attempt, I believe, of Jefferson to kill or punish his former Vice President.
Once again, history rhymes.
I keep coming back to the fact that these people make such a big deal about calling themselves originalists and the framers could not possibly have been more clear on this specific issue
I know the hypocrisy is the point, but still