There are moments that can redefine the course of history and change the world.
No matter where you stand politically, there is no denying that the SCOTUS ruling will be remembered in the history books and studied by Law Students for years to come.
So will the statement of US Supreme court justice Sonia Sotomayo that President Biden quoted:
The President of the United States is the most powerful person in the country, and possibly the world, when he uses his official powers in any way, under the majority’s reasoning, he now will be insulated from criminal prosecution. Orders the Navy’s Seal Team 6 to assassinate a political rival? Immune. Organizes a military coup to hold onto power? Immune. Takes a bribe in exchange for a pardon? Immune. Immune, immune, immune.
Let the President violate the law, let him exploit the trappings of his office for personal gain, let him use his official power for evil ends. Because if he knew that he may one day face liability for breaking the law, he might not be as bold and fearless as we would like him to be. That is the majority’s message today. Even if these nightmare scenarios never play out, and I pray they never do, the damage has been done.
The relationship between the President and the people he serves has shifted irrevocably. In every use of official power, the President is now a king above the law.
Never in the history of our Republic has a President had reason to believe that he would be immune from criminal prosecution if he used the trappings of his office to violate the criminal law.
Moving forward, however, all former Presidents will be cloaked in such immunity. If the occupant of that office misuses official power for personal gain, the criminal law that the rest of us must abide will not provide a backstop.
With fear for our democracy, I dissent.