Justice Roberts Subverted the Separation of Powers and Created a Dangerously Unaccountable President

Source: The UnPopulist
by Jacob T Levy

“The Supreme Court decision in Trump v. United States has invented a doctrine of immunity that shields abuses of presidential power from criminal prosecution. In doing so, it has accomplished a constitutionally corrosive hat trick: It has helped Donald Trump, a presidential candidate contemptuous of constitutional barriers, personally; it has legitimized the unconstitutional ideological projects Trump pursued in his first presidential term; and it has advanced the self-empowering projects Trump plans to pursue if he wins a second. The constitutional transformation that Trump began, Chief Justice John Roberts, writing for the Court’s majority, has accelerated. Personal criminal impunity is of a piece with Trump’s past and prospective future agenda of evading constitutional constraints and legal accountability — of an executive power that obeys no rules except the president’s own will. Perversely, Roberts dignifies his conclusions by invoking the ‘separation of powers.'” (07/10/24)