The Supreme Court ruled 6-3 to grant presidents absolute immunity for all official acts as president, to the exclusion of private acts. Dissenting were the three liberal Justices Elena Kagan, Ketanji Brown Jackson, and Sonia Sotomayor, who tore into the conservative majority in her dissent.
In her dissent, she declared that “When [a president] uses his official powers in any way, under the majority’s reasoning, he now will be insulated from criminal prosecution.” She listed out some extreme cases where she argued this ruling would shield presidents from prosecution:
Orders the Navy’s Seal Team 6 to assassinate a political rival? Immune. Organizes a military coup to hold onto power? Immune. Takes a bribe in exchange for a pardon? Immune. Immune, immune, immune.
Let the President violate the law, let him exploit the trappings of his office for personal gain, let him use his official power for evil ends. Because if he knew that he may one day face liability for breaking the law, he might not be as bold and fearless as we would like him to be. That is the majority’s message today.
Sotomayor added: “In every use of official power, the President is now a king above the law.” She went on, concluding her dissent by stating her “fear for our democracy.”
