Have Americans Accepted That Anyone Should Be Above the Law?
[guest post by Dana]
Interesting observations regarding last year’s Supreme Court immunity ruling:
In her first public remarks since President Trump took office about two weeks ago, Sotomayor said she worried that the Supreme Court has departed too far from public sentiment, when asked about dwindling public confidence in the court.
“If we as a court go so much further ahead of people, our legitimacy is going to be questioned,” Sotomayor told an audience in Kentucky Wednesday evening.
“I think the immunity case is one of those situations,” she continued. “I don’t think that Americans have accepted that anyone should be above the law in America. Our equality as people was the foundation of our society and of our constitution. I think my court would probably gather more public support if it went a little more slowly in undoing precedent,” she said.
“Our constitution itself has provisions not exempting the president from criminal activity after an impeachment,” Sotomayor said. “So, I had a hard time with the immunity case. And if we continue going in directions that the public is going to find hard to understand, we’re placing the court at risk.”
Sotomayor said Wednesday she worried that frequent court reversals of long-established legal precedent “creates instability” and contributes to the public questioning “of whether we’re doing things because of legal analysis or because of partisan views.”
—Dana
Hello.
Dana (f7306b) — 2/6/2025 @ 5:04 pm“If we as a court go so much further ahead of people, our legitimacy is going to be questioned,” Sotomayor told an audience in Kentucky Wednesday evening.
It won’t be the first time; the Berger Court made a practice of it.
As far as people claiming immunity, there have always been some. Congressfolk often rely on their Speech & Debate Clause immunity to say the most outrageous things. The Senate Majority Leader engaged in outright slander in 2012, knowing Romney could do nothing.
Did the court go too far? I think they did and will have to walk it back, and soon. But it was a question that needed answering and at least part of what they said is true: The president cannot be held to the same law as someone with his terrible responsibility. Obama ordered the military to kill an enemy who happened to be an American citizen. A strict application of the law would have Obama in federal prison. But we would never do that.
Sometimes there are very grey areas, something the law is bad at.
Kevin M (a9545f) — 2/6/2025 @ 6:54 pmThe greater danger has little to do with the law, and a great deal to do with abuse of power. That the only real defense there is the Impeachment power, and that has been shown to be wanting. I think that Trump CAN be impeached, and since he tests every limit, I suspect he will be, even with this Congress. If they wait until the public overwhelmingly wants him gone, the Senate might convict.
Kevin M (a9545f) — 2/6/2025 @ 6:57 pm“If we as a court go so much further ahead of people, our legitimacy is going to be questioned“
What people? The people voted for Trump.
No one is above the law. For Sotomayor, that means no one is above judges and prosecutors. The founders chose the words We The People for a reason.
lloyd (6e5378) — 2/6/2025 @ 7:18 pmRacists impersonating ice officers terrorizing immigrants. In south carolina man arrest woman threatening to deport her if she didn’t let him sexually assault her. In philadelphia men wearing shirts with ice and police try to arrest students who flee in terror. (DU) CNN.
asset (5fbb0c) — 2/6/2025 @ 8:43 pmIt’ll depend on Trump’s overreach and court rulings going forward.
Paul Montagu (5784df) — 2/7/2025 @ 7:16 amDobbs was the right decision. The Coney-Barrett part of the immunity ruling was pretty solid.
So why doesn’t the President pardon himself of all Federal crimes on a daily basis just to be sure?
Randolph Carter (5d9457) — 2/8/2025 @ 10:08 pm