The Not So Supreme Court Hears The Trump Presidential Immunity Argument

Where to start… my, that is a tough one.  Let’s try starting with the fact that there are, at least, two United States Supreme Court (SCOTUS) justices who should not even be hearing this presidential immunity argument; they should have recused themselves.  Surely that great new ethics code that the SCOTUS just put together to apply to themselves so that they will be just like all the other courts in the country should have come in handy here.

Meaning, that since these two justices refused to recuse themselves from hearing this argument, Chief Justice John Roberts should have used that brand new shiny ethics code to force them to recuse.  Surely threatening them with that baby would have caused them to recuse!  Oh yeah – I forgot; it doesn’t have any teeth.  It reads more like a surprise grab-bag of suggestions rather than a meaningful ethics code with consequences if any justice should not take their responsibility to recuse seriously.

Yeah, I think that is a good place to start because all the SCOTUS justices heard this presidential immunity argument, which – by the way, they will not decide on until June if they follow their current schedule.  Ethics be damned, right?!  It appears that, under the leadership of Chief Justice John Roberts and with a conservative supermajority, this court feels that the Republican conservative agenda takes precedence over all; including the American democracy.

And, based on the way that things played out during the hearing, it also appears that those justices appointed by Donald J. Trump, the former The Donald J. Trump of the United States of America, along with the two justices that should have recused are all-in for helping Trump in any legal way that they possibly can.  One would think that these justices would have at least some concern about being fair and the appearance of being unfair.  And if not that, they would be concerned about their legacy and how their children and grandchildren will view them and remember them as a result of them taking part in disrespecting and then destroying this great American institution.  Well, they do not.

Lamentation.  Ah, the Supreme Court of the United States; this great institution that is the highest court in the land.  This institution that was once awe-inspiring for all Americans is now looked upon by many Americans in the same way that they look upon any other political institution that is subject to partisan bias.  The only real difference in their minds is that it is occupied by politicians in long black robes.  These feelings are reflected in the polls; the SCOTUS is at nearly its lowest level in its history when measured by how it is viewed by the American public.

This Supreme Court – again, led by Chief Justice John Roberts, seems to be oblivious to the damage that they are doing to it.  Chief Justice Roberts either can’t or is reluctant to correct its course to save it.  Based on the questions that the SCOTUS conservative justices asked during argument and their unrelenting determination to focus on hypotheticals to prevent future occurrences like that which occurred on January 6, 2021 rather than focusing on what actually happened on January 6, 2021, they are continuing to lean toward helping Trump to avoid being held to account.  The statement by Justice Neil Gorsuch that “we are writing a rule for the ages” is not a rule that is being written for the benefit of all presidents; it is being written for the benefit of Donal J. Trump, the former The Donald J. Trump of the United States of America.

It seems that instead of embracing the once awe-inspiring aspect of the SCOTUS, too many SCOTUS justices have chosen to embrace Trump and the conservative Republican agenda instead.  These justices have no qualms about their partisan bias and now, they are no longer pretending that they do.  They are no longer hiding it regardless of what the American people think about the SCOTUS and regularly express when they are polled on their thoughts about this once awe-inspiring institution.  After all, their jobs are secured by a lifetime appointment.  And under these circumstances, coming out must be truly liberating for them and not at all frightening.

The expression that everything that Trump touches turns to s**t must apply to all politicians whether they wear suits or long black robes.  That certainly does appear to be the case for the SCOTUS since it entered Trump’s orbit.  To be fair, the SCOTUS was already doing a slow burn downward spiral; Trump just did what comes naturally to him, he poured fuel on the fire.  And now, all Americans must face the facts and recognize that as James Carville said, nobody is coming to rescue us, we have to do it ourselves.

And there are those; lawyers and political activists, who are already fighting behind the scenes to block or reverse the blockades – whether they are laws, gerrymandering, or intimidation tactics – that Republicans are putting forward in their effort to make it harder for Americans to vote.  But if democracy is to survive this well-organized and well-funded onslaught that Republicans are perpetrating against the American people to establish and entrench minority rule, America needs all boots on the ground.  This means that the American people who value the American democracy must turn out in force and vote in the 2024 election.

Americans must prepare ourselves for all adversity that we will surely face in November 2024 as we head to the polls and remain steadfast in our determination that nothing will stop us from making our collective voice heard via our vote.  All of those who are involved in orchestrating these undemocratic things to take away our power through thwarting our collective voice must be made to realize that they will not succeed; they are already destined to lose.  America can do this!  We are a resilient people who are at our best when we are under pressure and need to pull together as one.

So always remember, whether you are a Democrat, Republican or Independent, your vote is the most important one of all… unless you don’t use it!

Eulus Dennis – author, M2: Street Cop To Top Cop; Operation Rubik’s Cube and Living Between The Line