The recent US presidential election in November presented the public with a significant choice between democracy and autocracy, as highlighted by the remarkable Supreme Court decision made on Monday. It ruled that presidents are exempt from legal proceedings for their “official” actions. This ruling is a substantial win for former President Donald Trump, as it partially shields him from allegations of attempts to undermine the 2020 presidential election outcome.
The court did not grant Trump the full immunity that he was pursuing, but the six to three majority ruling – divided along conservative-liberal lines – significantly expanded the assumed presidential powers, to the surprise of some legal specialists. However, Justice Sonia Sotomayor’s severe condemnation of her six conservative fellow justices’ findings caught the most attention: “With fear for our democracy, I dissent.”
While the ruling is related to the role of the presidency rather than Mr Trump’s individual actions, a strong warning paragraph by Justice Sotomayor appeared to reflect her anxieties in the larger context of Trump’s tumultuous final days as president and the ensuing chaos after losing to President Joe Biden in the 2020 election.
In her words: “The bulk of the judiciary seems to be suggesting today that the president is free to violate the law, exploit his office for personal profit, and use his power for malevolent purposes, because the possibility of future legal accountability may deter him from being audacious and brave as we would expect. Whether it’s ordering Navy Seals Team Six to eliminate a political competitor, planning a military coup to retain his grip on power, or accepting a bribe for issuing a pardon, he’s inviolable. That is the prevailing message today.”
The comprehensive 118-page file has enough intricacies and ambiguity that will preoccupy legal scholars for a considerable period. It directly implies that upcoming trials against Mr Trump are highly unlikely before the November election. If re-elected, he has the power to facilitate the justice department in dismissing all federal allegations raised against him. His campaign has recently received an uplift following a disastrous performance by the Republicans and Mr Biden, during their televised debate last week.
The presidential debate between Biden and Trump raises questions – Who was victorious? Was it significant? Were there any unforeseen moments?
Interestingly, the decision of the court has paved a path for the Biden campaign. This offers a chance to frame the forthcoming election as a crucial confrontation between democratic and despotic principles, in a way that Biden was unable to do during the debate. After judgment was announced, the Biden campaign argued that the Supreme Court has effectively allowed Donald Trump the power to rule in an authoritarian manner. The president will undoubtedly try to emphasise this in his rallies, in an already heated political climate.