• casey is remote@noauthority.social
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    8 months ago

    @Gradually_Adjusting @wintermute_oregon I think it depends on how this ruling gets applied/interpreted.

    There is a real risk, pointed out by #Sotomayor, that federal procedures could legitimize illegal acts like assassinations. However, one could just as easily presume that such actions would be unconstitutional and therefore fall outside the bounds of ordinary business, and thus do not meet the criteria for “official acts”.

    I wish this ruling had a bit more precision.

    • The Snark Urge@lemmy.world
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      8 months ago

      Hard not to assume we’ll see the implementation will end up working out in the favour of this court’s political allies. In fact, if it was precise enough that both sides could apply it the same way, I’m sure they’d find that a flaw.

      • Shadehawk@lemm.ee
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        8 months ago

        Nearly 250 years as a country and it’s never been an issue until a criminal became president.

        • jimbolauski@lemm.ee
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          8 months ago

          There have been multiple Supreme Court cases regarding the scope presidential immunity.

          Mississippi v. Johnson (1867) Spalding v. Vilas (1896) Barr v. Matteo (1959) Chippewa Tribe v. Carlucci (1973) National Treasury Employees Union v. Nixon (1974) Nixon v. Fitzgerald (1982) Clinton v. Jones (1994)

      • jimbolauski@lemm.ee
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        8 months ago

        Exactly it was the lower courts opnion that presidential immunity never applied. SCOTUS simply said there are instances when it does. The lower courts will make determinations on specific instances and if challenged those specific instances can reviewed by SCOTUS.

      • casey is remote@noauthority.social
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        8 months ago

        @wintermute_oregon While you’re right, my only problem with this is that there’s no harm in just providing that precision now.

        While I’m not going through conniptions over this like the #BlueAnon wokeboi crew here, there is a part of me that suspects that this ruling could risk giving the #POTUS too much power in the future. With a ruling so broad, caution, rather than jubilance or terror, seems to be the only reasonable stance to take until we know just what this ruling will do.