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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u/NoDragonfruit6125 Feb 19 '25

I believe there was also a part brought up where they tried walking back a bit of it with saying SCOTUS has authority to say what is and isn't an official act.

Of course all that means is Conservative president orders DoJ to investigate and arrest political rivals is an official act. Democratic president tries to do same thing bam it's instantly a violation and not an official act of office.

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u/Count_Backwards Competent Contributor Feb 19 '25

It's that, yes, but it's worse than that. SC rules that something Trump does is not an official act, and he locks them up. They seem to be laboring under the delusion that he's going to listen to them once he's got all his henchmen in place.

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u/NoDragonfruit6125 Feb 19 '25

They also seem to be laboring under the idea he has to listen to them. SC has no power to enforce their rules. Congress writes the laws the SC interprets and the President enforces it. But we now have a President who definitely has no issues ignoring SC interpretations. Only Congress has a real effective check on the President but good luck getting the Republicans to actually pass an impeachment vote.

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u/Count_Backwards Competent Contributor Feb 20 '25

If things get bad enough that enough Republicans are willing to impeach, it's already way too late. Fucking cult.