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this post was submitted on 02 Jul 2024
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Asklemmy
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I think the intent of this ruling, and certainly the current interpretation is that anything anywhere in the scope of POTUS responsibilities is now above the law. So Trump can, and is going to argue that his insurrection was within his scope of protecting elections and therefore he has full immunity. He has also filed paperwork trying to have his election interference felony convictions overturned based on yesterday's ruling. They have made POTUS a king at the discretion of the court, instead of the beholden to the constitution.
In the sense that the Constitution is above the law, yes.
The president is not obligated with protecting elections so that should not fall within absolute immunity. At best, the president appoints election-related officials and may pressure them to do something about an election, But acting unilaterally is not something a president is supposed to do. (In my opinion)
Edit: Having now read the syllabus and opinions a couple times, Roberts has stated what I have. It's up to judicial review to determine if what he's done is within his core duties or peripheral duties.
I'm super confident this guy will be found guilty of election interference. When is a much bigger unknown.
This is from snippets of Justice Sotomayer's disent I found here.
To me (as a non-US citizen and outside observer) this seems to be the real problem. Seems to present a catch-22 to me. What am I missing?
You aren't missing anything. Our Supreme Court is supposed to look at each case and make sure that the law was applied correctly according to the constitution and case law, but has now become an extension of Trump's legal counsel doing backflips to bend (and inow seems also rewrite) the law to his benefit.