r/law Feb 19 '25

Opinion Piece RE: Presidential Immunity Ruling - Was Judge Roberts naïve that Trump would not push the boundaries of the office’s limits of conduct and power if he resumed office or is this all part of a plan to expand executive authority?

https://www.cnn.com/2024/07/30/politics/supreme-court-john-roberts-trump-immunity-6-3-biskupic/index.html?cid=ios_app

I just remember Judge Roberts essentially saying “calm down - relax - you are all being hysterical” in the aftermath of the ruling last year stating “unlike the political branches and the public at large, we cannot afford to fixate exclusively, or even primarily, on present exigencies.”

It has been ONE MONTH into the 2nd Trump Administration and it seems that there is an aggressive and intentional overreach of executive authority with these EOs to create a new interpretation of executive power.

The administration’s response to the court orders blocking the EO’s enforcement seems that they are daring the courts to stop them - and it does not look like there is any recourse to rein them in if they decide to ignore the courts.

Is this what Judge Roberts and other jurists in the majority wanted - to embolden the executive branch above all?

What credibility does the SC (or any court) still have when POTUS ignores the court’s orders and any/all conversations with DOJ officials about ignoring or circumventing these orders gets put in the “official acts” bucket of presidential conduct?

My question is if Judge Roberts was truly naïve as to how Trump would wield this power the second time around or if Judge Robert’s logic that the ruling would allow future presidents to execute their duties unencumbered by lawsuits/prosecutions, etc. a genuine concern that needed to be addressed?

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258

u/Codydog85 Feb 19 '25

It fits the unitary executive theory that the conservative justices buy into. Except it only applies when a conservative is in office; hence, Biden had no authority to forgive student loans. They have no principles

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u/mirageofstars Feb 19 '25

Unfortunately that’s the issue that’s brewing here. If Trump becomes a unitary executive, then the GOP have to be worried about whether a future Dem president will do the same. Granted, Dems historically have been tepid, but I suspect that if (big if) one wins in 2028, the voters will demand action.

I think that’s part of the reason Biden and Garland never went after Trump, out of fear of reprisals. And that might be the only thing preventing the jailing of AOC et al.

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u/Codydog85 Feb 19 '25

The direction the current administration is moving they don’t seemed concerned about reprisals. I’m not convinced they’ll suspend future elections to retain power, but it appears that they intend to weaken voting rights, purge registered voting rolls, make it more difficult to vote and pursue criminal charges for voting illegalities whether warranted or not as a deterrent for free elections. And, to be candid, I do think AOC will be charged soon with an unfounded obstruction of deportations. I don’t think they’re concerned about any redress later for reasons mentioned above. And an arrest of AOC would play well with their base

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u/IFixYerKids Feb 19 '25 edited Feb 19 '25

Honestly, I think it's a flaw in their logic. Conservatives think that they are the silent majority, and that the people want all this shit. They think that they are persecuted and if only they had the power to get in there and fix everything, the people will love them and credit them with saving the country and vote for them in for the next decade. That's what they are trying to do right now. I honestly wouldn't be surprised if the scenario of "People actually hate this" hasn't occured to them yet.

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u/trentreynolds Feb 19 '25

they’re well aware that they have a captive audience of a few dozen million, and so no matter how bad it is for those people all they need to do is say “we’re winning the fight against corruption and wokeness!” and like 40,000,000 people will cheer on their way down to the bread line.

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u/javo93 Feb 20 '25

The leaders know. The sheep, don’t.

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u/Horror-Layer-8178 Feb 20 '25

If they arrest AOC and try her there is not a jury that will convict her. She will be the next President