Connect with us

Politics

Opinion: We should all dissent from the Supreme Court's immunity decision, and not respectfully

Published

on

Opinion: We should all dissent from the Supreme Court's immunity decision, and not respectfully

As Justice Sonia Sotomayor powerfully said in her dissent in Trump vs. United States, the Supreme Court on Monday made “a mockery of the principle, foundational to our Constitution and system of Government, that no man is above the law.” In a 6-3 decision, the six Republican-appointed justices handed a stunning victory to Donald Trump in broadly defining the scope of absolute presidential immunity from criminal prosecution.

Donald Trump was indicted in federal district court in Washington for his role in attempting to undermine the results of the November 2020 presidential election. Trump moved to dismiss the indictment on the grounds that his actions occurred while he was still in the White House and that a president has absolute immunity from criminal prosecution for anything done while in office. Both the federal district court and the United States Court of Appeals rejected this argument, stressing that the core of the rule of law is that no one, not even a president, is above the law.

Although the Supreme Court did not go as far as Trump wanted, its ruling is a clear a victory for him and for future presidents. In an opinion by Chief Justice John G. Roberts Jr., the court said that a president has absolute immunity for his official acts. The court expansively defined this as anything done in carrying out the constitutional powers of the president or in implementing a federal statute. The conservative majority then went further and said, “We conclude that the separation of powers principles explicated in our precedent necessitate at least a presumptive immunity from criminal prosecution for a president’s acts within the outer perimeter of his official responsibility.” And Roberts said that a court cannot look at a president’s motives.

The breadth of this immunity is stunning. Imagine, to use an example that was raised at the oral arguments, that a president orders the Navy Seals to kill a political rival. Under the court’s approach that would be protected by absolute immunity because it is an action taken by the president carrying out his powers as commander in chief. The court was explicit that the president’s craven political motives are irrelevant.

Or imagine that a president orders the Justice Department to investigate and indict a political rival solely to gain a political advantage. Or imagine, as Trump has already pledged, that if again elected president he would use the Justice Department for retribution and to prosecute his opponents. That, too, would clearly be protected by absolute immunity under the court’s decision. In fact, Roberts wrote: “The President cannot be prosecuted for conduct within his exclusive constitutional authority. Trump is therefore absolutely immune from prosecution for the alleged conduct involving his discussions with Justice Department officials.” Indeed, the court went so far as to say that Trump’s pressuring Vice President Mike Pence to ignore the results of the electoral college decision had a presumption of absolute immunity.

Advertisement

The court said that private or personal acts of a president, as opposed to official ones, are not protected by absolute immunity from prosecution. The court left open the question of whether there is absolute immunity for Trump’s pressuring state election officials, such as in Georgia, and for his conduct on Jan. 6. The court remanded these questions to the lower courts to decide. But even this is a victory for Trump in that the court did not declare the obvious: These unquestionably were personal and political actions.

It is for this reason that Sotomayor in her dissent says that the justices “in effect, completely insulate Presidents from criminal liability.” As she says, it is “an expansive vision of Presidential immunity that was never recognized by the Founders, any sitting President, the Executive Branch, or even President Trump’s lawyers, until now.”

In the past, when the court has dealt with issues like this, it has been unanimous and stressed the importance of holding a president accountable and upholding the rule of law. In United States vs. Nixon, in 1974, the court unanimously held that President Nixon could not invoke executive privilege to thwart a criminal investigation. In Clinton vs. Jones, in 1997, the court unanimously ruled that President Clinton had no immunity to protect him from a lawsuit for sexual harassment that occurred when he was governor of Arkansas.

But we live in a very different, far more partisan time. It is impossible to read the decision in Trump vs. United States as other than a court with six Republican justices handing a major victory to the Republican candidate for president, Donald Trump. Indeed, the court’s handling of the case, denying review that was requested in January and then not releasing its opinion until July 1, was in itself a victory in ensuring that there is no way that Trump can be tried before the November 2024 presidential election.

Roberts concluded his opinion by rightly saying: “This case poses a question of lasting significance.” Unfortunately, the court gave an answer to that question that undermines the rule of law and creates a serious future threat to our democracy in placing the president largely above the law.

Advertisement

Erwin Chemerinsky is a contributing writer to Opinion and the dean of the UC Berkeley School of Law.

Politics

Trump admin sues Illinois Gov. Pritzker over laws shielding migrants from courthouse arrests

Published

on

Trump admin sues Illinois Gov. Pritzker over laws shielding migrants from courthouse arrests

NEWYou can now listen to Fox News articles!

The U.S. Justice Department filed a lawsuit against Illinois Gov. JB Pritzker over new laws that aim to protect migrants from arrest at key locations, including courthouses, hospitals and day cares.

The lawsuit was filed on Monday, arguing that the new protective measures prohibiting immigration agents from detaining migrants going about daily business at specific locations are unconstitutional and “threaten the safety of federal officers,” the DOJ said in a statement.

The governor signed laws earlier this month that ban civil arrests at and around courthouses across the state. The measures also require hospitals, day care centers and public universities to have procedures in place for addressing civil immigration operations and protecting personal information.

The laws, which took effect immediately, also provide legal steps for people whose constitutional rights were violated during the federal immigration raids in the Chicago area, including $10,000 in damages for a person unlawfully arrested while attempting to attend a court proceeding.

Advertisement

PRITZKER SIGNS BILL TO FURTHER SHIELD ILLEGAL IMMIGRANTS IN ILLINOIS FROM DEPORTATIONS

The Trump administration filed a lawsuit against Illinois Gov. JB Pritzker over new laws that aim to protect migrants from arrest at key locations. (Getty Images)

Pritzker, a Democrat, has led the fight against the Trump administration’s immigration crackdown in Illinois, particularly over the indiscriminate and sometimes violent nature in which they are detained.

But the governor’s office reaffirmed that he is not against arresting illegal migrants who commit violent crimes.

“However, the Trump administration’s masked agents are not targeting the ‘worst of the worst’ — they are harassing and detaining law-abiding U.S. citizens and Black and brown people at daycares, hospitals and courthouses,” spokesperson Jillian Kaehler said in a statement.

Advertisement

Earlier this year, the federal government reversed a Biden administration policy prohibiting immigration arrests in sensitive locations such as hospitals, schools and churches.

The U.S. Immigration and Customs Enforcement’s “Operation Midway Blitz,” which began in September in the Chicago area but appears to have since largely wound down for now, led to more than 4,000 arrests. But data on people arrested from early September through mid-October showed only 15% had criminal records, with the vast majority of offenses being traffic violations, misdemeanors or nonviolent felonies.

Gov. JB Pritzker has led the fight against the Trump administration’s immigration crackdown in Illinois. (Kamil Krazaczynski/AFP via Getty Images)

Immigration and legal advocates have praised the new laws protecting migrants in Illinois, saying many immigrants were avoiding courthouses, hospitals and schools out of fear of arrest amid the president’s mass deportation agenda.

The laws are “a brave choice” in opposing ICE and U.S. Customs and Border Protection, according to Lawrence Benito, executive director of the Illinois Coalition for Immigrant and Refugee Rights.

Advertisement

“Our collective resistance to ICE and CBP’s violent attacks on our communities goes beyond community-led rapid response — it includes legislative solutions as well,” he said.

The DOJ claims Pritzker and state Attorney General Kwame Raoul, also a Democrat, violated the U.S. Constitution’s Supremacy Clause, which establishes that federal law is the “supreme Law of the Land.”

ILLINOIS LAWMAKERS PASS BILL BANNING ICE IMMIGRATION ARRESTS NEAR COURTHOUSES

Border Patrol Commander Gregory Bovino leaves the Dirksen U.S. Courthouse in Chicago. (Brian Cassella/Chicago Tribune/Tribune News Service via Getty Images)

CLICK HERE TO DOWNLOAD THE FOX NEWS APP

Advertisement

Raoul and his staff are reviewing the DOJ’s complaint.

“This new law reflects our belief that no one is above the law, regardless of their position or authority,” Pritzker’s office said. “Unlike the Trump administration, Illinois is protecting constitutional rights in our state.”

The lawsuit is part of an initiative by U.S. Attorney General Pam Bondi to block state and local laws the DOJ argues impede federal immigration operations, as other states have also made efforts to protect migrants against federal raids at sensitive locations.

The Associated Press contributed to this report.

Advertisement
Continue Reading

Politics

Supreme Court rules against Trump, bars National Guard deployment in Chicago

Published

on

Supreme Court rules against Trump, bars National Guard deployment in Chicago

The Supreme Court ruled against President Trump on Tuesday and said he did not have legal authority to deploy the National Guard in Chicago to protect federal immigration agents.

Acting on a 6-3 vote, the justices denied Trump’s appeal and upheld orders from a federal district judge and the U.S. 7th Circuit Court of Appeals that said the president had exaggerated the threat and overstepped his authority.

The decision is a major defeat for Trump and his broad claim that he had the power to deploy militia troops in U.S. cities.

In an unsigned order, the court said the Militia Act allows the president to deploy the National Guard only if the regular U.S. armed forces were unable to quell violence.

The law dating to 1903 says the president may call up and deploy the National Guard if he faces the threat of an invasion or a rebellion or is “unable with the regular forces to execute the laws of the United States.”

Advertisement

That phrase turned out to be crucial.

Trump’s lawyers assumed it referred to the police and federal agents. But after taking a close look, the justices concluded it referred to the regular U.S. military, not civilian law enforcement or the National Guard.

“To call the Guard into active federal service under the [Militia Act], the President must be ‘unable’ with the regular military ‘to execute the laws of the United States,’” the court said in Trump vs. Illinois.

That standard will rarely be met, the court added.

“Under the Posse Comitatus Act, the military is prohibited from execut[ing] the laws except in cases and under circumstances expressly authorized by the Constitution or Act of Congress,” the court said. “So before the President can federalize the Guard … he likely must have statutory or constitutional authority to execute the laws with the regular military and must be ‘unable’ with those forces to perform that function.

Advertisement

“At this preliminary stage, the Government has failed to identify a source of authority that would allow the military to execute the laws in Illinois,” the court said.

Although the court was acting on an emergency appeal, its decision is a significant defeat for Trump and is not likely to be reversed on appeal. Often, the court issues one-sentence emergency orders. But in this case, the justices wrote a three-page opinion to spell out the law and limit the president’s authority.

Justice Amy Coney Barrett, who oversees appeals from Illinois, and Chief Justice John G. Roberts Jr. cast the deciding votes. Justice Brett M. Kavanaugh agreed with the outcome, but said he preferred a narrow and more limited ruling.

Conservative Justices Clarence Thomas, Samuel A. Alito Jr. and Neil M. Gorsuch dissented.

Alito, in dissent, said the “court fails to explain why the President’s inherent constitutional authority to protect federal officers and property is not sufficient to justify the use of National Guard members in the relevant area for precisely that purpose.”

Advertisement

California Gov. Gavin Newsom and Atty. Gen. Rob Bonta filed a brief in the Chicago case that warned of the danger of the president using the military in American cities.

“Today, Americans can breathe a huge sigh of relief,” Bonta said Tuesday. “While this is not necessarily the end of the road, it is a significant, deeply gratifying step in the right direction. We plan to ask the lower courts to reach the same result in our cases — and we are hopeful they will do so quickly.”

The U.S. 9th Circuit Court of Appeals had allowed the deployments in Los Angeles and Portland, Ore., after ruling that judges must defer to the president.

But U.S. District Judge Charles Breyer ruled Dec. 10 that the federalized National Guard troops in Los Angeles must be returned to Newsom’s control.

Trump’s lawyers had not claimed in their appeal that the president had the authority to deploy the military for ordinary law enforcement in the city. Instead, they said the Guard troops would be deployed “to protect federal officers and federal property.”

Advertisement

The two sides in the Chicago case, like in Portland, told dramatically different stories about the circumstances leading to Trump’s order.

Democratic officials in Illinois said small groups of protesters objected to the aggressive enforcement tactics used by federal immigration agents. They said police were able to contain the protests, clear the entrances and prevent violence.

By contrast, administration officials described repeated instances of disruption, confrontation and violence in Chicago. They said immigration agents were harassed and blocked from doing their jobs, and they needed the protection the National Guard could supply.

Trump Solicitor Gen. D. John Sauer said the president had the authority to deploy the Guard if agents could not enforce the immigration laws.

“Confronted with intolerable risks of harm to federal agents and coordinated, violent opposition to the enforcement of federal law,” Trump called up the National Guard “to defend federal personnel, property, and functions in the face of ongoing violence,” Sauer told the court in an emergency appeal filed in mid-October.

Advertisement

Illinois state lawyers disputed the administration’s account.

“The evidence shows that federal facilities in Illinois remain open, the individuals who have violated the law by attacking federal authorities have been arrested, and enforcement of immigration law in Illinois has only increased in recent weeks,” state Solicitor Gen. Jane Elinor Notz said in response to the administration’s appeal.

The Constitution gives Congress the power “to provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions.”

But on Oct. 29, the justices asked both sides to explain what the law meant when it referred to the “regular forces.”

Until then, both sides had assumed it referred to federal agents and police, not the standing U.S. armed forces.

Advertisement

A few days before, Georgetown law professor and former Justice Department lawyer Martin Lederman had filed a friend-of-the-court brief asserting that the “regular forces” cited in the 1903 law were the standing U.S. Army.

His brief prompted the court to ask both sides to explain their view of the disputed provision.

Trump’s lawyers stuck to their position. They said the law referred to the “civilian forces that regularly execute the laws,” not the standing army.

If those civilians cannot enforce the law, “there is a strong tradition in this country of favoring the use” of the National Guard, not the standing military, to quell domestic disturbances, they said.

State attorneys for Illinois said the “regular forces” are the “full-time, professional military.” And they said the president could not “even plausibly argue” that the U.S. Guard members were needed to enforce the law in Chicago.

Advertisement
Continue Reading

Politics

Video: Trump Announces Construction of New Warships

Published

on

Video: Trump Announces Construction of New Warships

new video loaded: Trump Announces Construction of New Warships

transcript

transcript

Trump Announces Construction of New Warships

President Trump announced on Monday the construction of new warships for the U.S. Navy he called a “golden fleet.” Navy officials said the vessels would notionally have the ability to launch hypersonic and nuclear-armed cruise missiles.

We’re calling it the golden fleet, that we’re building for the United States Navy. As you know, we’re desperately in need of ships. Our ships are, some of them have gotten old and tired and obsolete, and we’re going to go the exact opposite direction. They’ll help maintain American military supremacy, revive the American shipbuilding industry, and inspire fear in America’s enemies all over the world. We want respect.

Advertisement
President Trump announced on Monday the construction of new warships for the U.S. Navy he called a “golden fleet.” Navy officials said the vessels would notionally have the ability to launch hypersonic and nuclear-armed cruise missiles.

By Nailah Morgan

December 23, 2025

Continue Reading

Trending