The Supreme Court Just Made the Prospect of a Second Trump Term Even Scarier Than It Already Was

Since the day he left office in 2021—just two weeks after he inspired a deadly attack on the US Capitol—the idea of a second term for Donald Trump has been a fully terrifying prospect. Not just because his response to losing the 2020 election was to sic a bloodthirsty mob on Congress, but also because of his vow to use the government to prosecute his enemies, his plans for mass deportations and detention camps, his chilling take on reproductive rights, his worrisome affection for Vladimir Putin, and his intent to fire thousands of civil servants who actually know what they’re doing and replace them with people whose main qualification is undying loyalty—among so, so many other things.

But on Monday, the conservative wing of the Supreme Court took what was a previously terrifying prospect and made it a bone-chilling, actual nightmare.

In its Monday ruling agreeing on Trump’s claims of “absolute immunity,” the Court’s six conservatives effectively destroyed the federal election-subversion case against Trump, which at best will now take place after November, and at worst will be consigned to the scrap heap of justice. Even more alarmingly, they basically gave Trump the green light to break whatever laws he wants in a second term by saying that presidents are immune from “criminal prosecution for actions” that fall under “official” duties. If that strikes you as a terrible precedent to set, and one that could be easily exploited, you’re not alone.

Here’s what Justice Sonia Sotomayor wrote in dissent:

Today’s decision to grant former Presidents criminal immunity reshapes the institution of the Presidency. It makes a mockery of the principle, foundational to our Constitution and system of Government, that no man is above the law. Relying on little more than its own misguided wisdom about the need for “bold and unhesitating action” by the President…the Court gives former President Trump all the immunity he asked for and more.

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…. 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.

Sotomayor ended her dissent by noting she is “fear[ful] for our democracy,” and given the scenarios laid out above—which a second-term Trump could now get away with!—you can probably understand why.

Hillary Clinton is also concerned about SCOTUS giving its blessing to a potential future Trump crime spree

X content

This content can also be viewed on the site it originates from.

Remember this?

X content

This content can also be viewed on the site it originates from.

Elsewhere!

What happens next in Trump’s DC election case after the Supreme Court’s immunity decision

CNN • Read More

What the Biden Campaign Is Doing to Try to Reassure Big Donors

NYT • Read More

New Biden ad seeks to turn the debate conversation to Trump

The Washington Post • Read More

Trump Sentencing Recommendation Is Expected From Manhattan DA

NYT • Read More

What the Polls Are Saying After the Trump-Biden Debate

New York • Read More

Whitmer Disavows “Draft Gretch” Movement—and Delivers a Warning to Biden