I don’t think it’s an exaggeration at all to say the decision threatens the Republic. I might not have said so in 2015, before I saw how triumphantly lawless and autocratic the President could be, and how so many people would applaud it or at least shrug.
The norms of democratic self governance were a real thing, if unenforceable at the margins. And we needed them. And now that they’re gone, we need to start over from scratch.
Well someone's gotta start the, This is what I'd do as King for a Term:
I declare a $10k/yr child care tax credit.
It's not illegal if he reappropriates funds.
Also, like, they're through with that building for the term. No reason to keep the doors locked.
If anyone wants to understand why Mexico has such problems with corruption, it's LITERALLY because their Constitution actually PROHIBITS prosecuting presidents, sitting or retired. That has meant Mexican presidents can and thus generally do whatever they want, legal or not.
The biggest issue to my mind if that the whole system has broken down. Congress is dysfunctional, the USSC is ignoring centuries of precedents in a partisan power grab and now the Executive has no checks and balances. No one is answerable to the people due to gerrymandering and voter suppression
Also [twisting the knife] that "institutionalists" like AG William Barr would sell out all previously held commitments to the rule of law in order to bask in the glow of office under Donald Trump.
Trump revealed that so much of Presidenting is based on norms and not law, and the SC is just ... solidifying that? Pretending there won't be another norms-breaker elected?
Ken, this decision is effective at this moment, right? Doesn't that mean that Biden could order a DOJ investigation of the court on whatever basis he wants? It would be a shame if they uncovered, say, bribes.
It’s like a solvent - if left alone it will seep into every nook and cranny of government and society and dissolve the bonds of what held it together as a democracy
I'm trying not to be alarmist but it feels that way. Roberts did everything but give him prima nocta.
Of course, that might be in the next abortion decision.
I don’t think it merely “threatens” the republic. I think it marks the republic’s end. I hope I’m wrong, but short of finding the will to pack the court or Biden taking them up on some of the extreme powers they grant to presidents, I’m having trouble coming up with a more optimistic gloss on it.
I find myself darkly comforted by the fact that Trump *was* as lawless and autocratic as he was even when there was a threat of being prosecuted.
It tells me that whatever else was holding this shit in check, “Trump’s fears of being prosecuted” were not the linchpin.
Conservatives debase everything. Their youth pastors and money grubbers debase religion. Their self-serving politicians debase public service and their originalitist autocrat fluffers have debased the constitution. Yes, the Republic is at risk.
I come to you when I want a snarky, but not hysterically over-reacting, take on political matters.
The fact that this could count as a "not hysterically over-reacting" take fills me with dread.
the worst part is just how blatantly it's intended to free Republicans and constrain the Democrats. Modern jurisprudence is crafted with the expectation of conservative capture of the courts, and if things like "official acts" are left up to the courts ....
And for the sequel, Miller et al know exactly what to do. That’s one of the scary parts: the incompetence of the first term will give way to people who now can pull the levers they want, aided and abetted by SCOTUS.