181–190 of 1001 posts
Earlier quoted context omitted.
The decision actually explicitly bars courts from using motive: > In dividing official from unofficial conduct, courts may not inquire into the President’s motives
I wonder how long before we get presidents selling pardons.
https://www.washingtonpost.com/politics/2023/05/17/giuliani-...
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>The President of the United States is the most powerful person in the country, and possibly the world. When he uses his official powers in any way, under the majority's reasoning, he now will be insulated from criminal prosecution. Orders the Navy's Seal Team 6 to assassinate a political rival? Immune. I would consider this an extreme knee jerk take, but it's Sotomayor saying it. https://x.com/mikedebonis/status/180…
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>The President of the United States is the most powerful person in the country, and possibly the world. When he uses his official powers in any way, under the majority's reasoning, he now will be insulated from criminal prosecution. Orders the Navy's Seal Team 6 to assassinate a political rival? Immune. I would consider this an extreme knee jerk take, but it's Sotomayor saying it. https://x.com/mikedebonis/status/180…
It's extreme to the point of silliness. If a court decides that would fall under "official acts", we are already doomed.
>The President of the United States is the most powerful person in the country, and possibly the world. When he uses his official powers in any way, under the majority's reasoning, he now will be insulated from criminal prosecution. Orders the Navy's Seal Team 6 to assassinate a political rival? Immune. I would consider this an extreme knee jerk take, but it's Sotomayor saying it. https://x.com/mikedebonis/status/180…
To give the majority opinion its own voice: > The President enjoys no immunity for his unofficial acts, and not everything the President does is official. The President is not above the law. But Congress may not criminalize the President’s conduct in carrying out the responsibilities of the Executive Branch under the Constitution. And the system of separated powers designed by the Framers has always demanded an energ…
This has to be one of the worse courts in the last 100 years.
Earlier quoted context omitted.
> The President shouldn't have the legal authority to conduct any drone strikes without a declaration of war from Congress. We've been ignoring the Constitution for a very long time. What part of the Constitution are we ignoring? According to the Constitution, the President is the Commander in Chief of the armed forces. The Constitution does not say that war must be declared for the armed forces to operate. Thus, ord…
> The Constitution does not say that war must be declared for the armed forces to operate. It does. Armed forces killing people is a state of war. If not, it's policing then it's under the judiciary authority, not the president.
Wait, what? Executive branch pretty explicitly encompasses enforcement. The Justice Department is part of the Executive branch.
Unless by "Judiciary authority" you meant the Justice Department, and not the Judiciary branch of the federal government, and by "not the president" you were very specifically discussing the semi-independence the Justice department has from the president.
Folks, the blueprint for a American dictatorship has been created and you'll be a fool and a idiot to think otherwise.
> Could Obama be prosecuted for ordering drone strikes that unintentionally killed two Americans? It seems like that world would hamstring the president far too much. The President shouldn't have the legal authority to conduct any drone strikes without a declaration of war from Congress. We've been ignoring the Constitution for a very long time.
There is the 2001 Authorization for Use of Military Force that a lot of the expanded War on Terror activity are nominally authorized under according to the Executive. Challenging that is up to Congress as afaik there's no standing for a random person to sue.
>The President of the United States is the most powerful person in the country, and possibly the world. When he uses his official powers in any way, under the majority's reasoning, he now will be insulated from criminal prosecution. Orders the Navy's Seal Team 6 to assassinate a political rival? Immune. I would consider this an extreme knee jerk take, but it's Sotomayor saying it. https://x.com/mikedebonis/status/180…
It's extreme to the point of silliness. If a court decides that would fall under "official acts", we are already doomed.
This is an opinion that might make sense if we were being asked if a president ordering drone assassinations makes him liable for murder. In the context of the president trying to instigate a coup for not being reelected, to the point that his own government is threatening mass resignation if he carries it out in protest at the sheer unconstitutionality of it... this is the kind of question that almost begs SCOTUS to say "make a narrow ruling as to whether or not this specific instance is permissible" and SCOTUS decides instead to make a grand, sweeping proclamation for all ages and circumstances and neglect to look at the specific facts in this case and leave it unanswered here.
Roberts, let this case be your Dred Scott decision, your Korematsu decision. You've certainly done more to torpedo the credibility of the court in one decision than any other case in the past few decades... and that's saying quite a bit.