Sorry if this is not the proper community for this question. Please let me know if I should post this question elsewhere.
So like, I’m not trying to be hyperbolic or jump on some conspiracy theory crap, but this seems like very troubling news to me. My entire life, I’ve been under the impression that no one is technically/officially above the law in the US, especially the president. I thought that was a hard consensus among Americans regardless of party. Now, SCOTUS just made the POTUS immune to criminal liability.
The president can personally violate any law without legal consequences. They also already have the ability to pardon anyone else for federal violations. The POTUS can literally threaten anyone now. They can assassinate anyone. They can order anyone to assassinate anyone, then pardon them. It may even grant complete immunity from state laws because if anyone tries to hold the POTUS accountable, then they can be assassinated too. This is some Putin-level dictator stuff.
I feel like this is unbelievable and acknowledge that I may be wayyy off. Am I misunderstanding something?? Do I need to calm down?
That is a nonsensical position. Perhaps a judge determines they are not capable, and recuses themselves or otherwise resigns from the case: the case is reassigned to another judge. But any nitwit can make some sort of decision and support it with some sort of rationale.
The trial court judge cannot “send it up the courts”. They render a decision, and one of the litigants - not the judge - petitions the appellate court, arguing that the trial court’s rationale was wrong.
That is, and always has been, a risk in the judicial system established by our constitution. The checks and balances the legislative and judicial branch have against the court are few and weak.
At best, If SCOTUS engages in such shenanigans, such shenanigans will be engaged against SCOTUS: court packing, etc. Ultimately, though, the only real limit on the court is the willingness of We The People to accept its decisions.
Personally, and this is off on a tangent, I think we are due for a fundamental change to the way we empanel the courts, to reduce the politicization of the court. Instead of fixing the size of the court at 9, I think we should ignore the size of the court entirely, and just appoint one new, life-term justice in the first and third year of each presidential term. Any justice who dies or resigns is not replaced. The courts composition shifts on a slow, but steady pace. It does not stagnate due to justices timing their retirements for when a favorable replacement can be made. Nor does it lurch wildly when a justice gets that timing wrong and dies with the wrong party in the white house.
Further, I would adjust the confirmation process. If the president nominates a candidate who has been previously confirmed to a circuit court, no additional confirmation is required. The president thus has a small pool of qualified candidates he can elevate to the court directly, without needing to involve a hostile Senate.
Thank you for the response! 🤙🏼