Amici curae aren’t Supreme Court decisions. “Amici curae” means “friend of the court”. It’s an argument from third parties submitted for a pending case. The dissents by the actual Supreme Court justices explicitly reference the assassination potential.
That is true, thank you for explaining that to me. Although I read the dissent and what Sotomayor said was that the president would get their day in court to determine if those actions were constitutional, not that this ruling pre-approves them to do so. Meanwhile Roberts said these concerns are overblown… idk really, I don’t like the ruling, it basically feels like an expansion of qualified immunity to the president, which makes things more difficult for prosecuters but not impossible.
They’re only pre-approved for explicit constitutional duties, but they’re presumed immune for all others and their reasoning can’t be questioned. “I believed they were an imminent national security threat and took the hard choice.” It’s like “I feared for my life” for gun nuts, but you can apply it to nearly anything because the president has expansive emergency responsibilities and the only way to prove he wasn’t actually taking an action “officially” would be using his private communications, but any communications with “advisors” are precluded from being used.
And anything that makes it through that gauntlet to the Supreme Court rather than being dismissed earlier will be decided on ideological grounds.
Amici curae aren’t Supreme Court decisions. “Amici curae” means “friend of the court”. It’s an argument from third parties submitted for a pending case. The dissents by the actual Supreme Court justices explicitly reference the assassination potential.
That is true, thank you for explaining that to me. Although I read the dissent and what Sotomayor said was that the president would get their day in court to determine if those actions were constitutional, not that this ruling pre-approves them to do so. Meanwhile Roberts said these concerns are overblown… idk really, I don’t like the ruling, it basically feels like an expansion of qualified immunity to the president, which makes things more difficult for prosecuters but not impossible.
Qualified immunity for someone who single handedly controls the most powerful military in the world. Fabulous idea.
Can’t wait for the gunning down of protestors. Gilead, here we come!
They’re only pre-approved for explicit constitutional duties, but they’re presumed immune for all others and their reasoning can’t be questioned. “I believed they were an imminent national security threat and took the hard choice.” It’s like “I feared for my life” for gun nuts, but you can apply it to nearly anything because the president has expansive emergency responsibilities and the only way to prove he wasn’t actually taking an action “officially” would be using his private communications, but any communications with “advisors” are precluded from being used.
And anything that makes it through that gauntlet to the Supreme Court rather than being dismissed earlier will be decided on ideological grounds.