i think akhil amar reed captures something very important, which is that the roberts court rewrote article ii, which explicitly states that a president can be held criminally liable after impeachment (and which has long been understood to mean that he can be held liable after leaving office)
Seems like their plan may be to amass as much power as possible and force a constitutional crisis/convention. Rewrite the rules forever. Why would they not?
The originalism BS was just an excuse to pass rulings that were both draconian & deplorable and get to the edge of of where they are now
Now that they have abandoned all reason and went batshit crazy, they should be known as Absurdists
Here's the thing about this passage. Roberts didn't fail to pull the sides together. I think he's been full of merde this whole time.
He's played the game of saying he's not partisan and that the Court isn't either. But it's not credible, hasn't been since Bush v Gore, at least.
In the UK, we have had it proven to us that "long been understood" is no basis for underpinning a democracy. If it isn't explicitly stated, the far right will worm a way around it then impose their warped will.
It is the most egregious case yet of the court inventing new forms of immunity, but is a natural extension of what they've given to police and prosecutors over the course of decades (which the liberal justices have often signed on to to varying degrees).
Heritage got one thing right. All roads now lead to a civil war. Biden uses the new powers of office to suppress Trump and MAGA? Violence in the streets forcing him to calm out the military to suppress it. Trump wins and begins “The Terror?” Mass street protests he puts down by having…
1/ They. Don't. Care. About. The. Constitution. Or. Rule. Of. Law. Period.
Hand-in-hand with the clowns of the 118th Cirque Du Congress, SCOTUS is intentionally and maliciously stalling and starving the ability of the Constitutional government to function. By doing so, they enable ...
Won’t they just some day clarify that at some point to state that a president can only be prosecuted if successfully impeached and removed. That impeachment is a requirement
I’ve been waiting for the professor to revisit his defense of Alito in the flag matter, which was based on Akil’s having had dinner with him several times, liking him, and having heard that Alito displayed no favoritism to his own son when coaching his Little League team.
I realize the whole “let them enforce it” notion is thrown about to basically say “well make me then” but is not the Executive branch empowered to choose to enforce/not enforce questionable legalities if for no other reason than to place a check on the Judiciary?
His amicus brief gave me so much hope that was immediately dashed in oral arguments.
Makes me apprehensive to read the article because I know he'll make a convincing argument that simply will not matter in the face of the current political environment
The courts do not have the legislative authority to write out core elements of the Constitution. That would need to be done via amendments and bills signed into law.