Supreme Court rules that Trump had partial immunity as president, but not for unofficial acts − 4 essential reads

“When the Supreme Court makes a decision, it is inevitably answering a very difficult legal question. If the answers were clear, the case never would have been the subject of high court litigation in the first place.”

And the task the justices have in deciding the case is vital to the nation, she wrote:

“(G)iven the potentially unconstitutional actions Trump has threatened to take if re-elected, the country will need a strong and well-respected Supreme Court in the very near future. Those angry with the court should actually be very glad it is working as usual here. If it weren’t, their fear that Trump will get away with it all may indeed be realized.”

Earlier this spring, Wofford noted some disturbing portents during the oral arguments before the Supreme Court on April 25, 2024:

“Several of the justices, across the ideological spectrum, were very concerned about the practical implications of allowing a president to have immunity to some extent, or not allowing the president to have immunity.”

For instance, Wofford noted,

“Justice Samuel Alito seemed really concerned about the president being subject to political prosecution if he were not protected by immunity. … On the flip side … (Justice Ketanji Brown Jackson) said a president could enter office ‘knowing that there would be no potential penalty for committing crimes.’”

Wofford expected the justices would try to avoid granting either complete immunity or no immunity at all – and therefore allow Trump’s federal trial for attempting to overturn the 2020 presidential election to continue based on the fact that many of his actions were private, not official. Though that held peril, too, Wofford wrote:

“I wish there were a different vehicle through which the court could resolve this question and that it didn’t feel to so many people that the fate of our government, and the stability of our system, was on the line. … If it does not make a clear, resounding statement that the president is not above the law, then I think we have a serious problem.”

This story is a roundup of articles from The Conversation’s archives.