Below is my column in the New York Post on the Supreme Court’s historic presidential immunity decision. I am not someone who has favored expansive presidential powers. As a Madisonian scholar, I favor Congress in most disputes with presidents. Yet, the reaction to the Court’s decision has been baffling from academics who did not raise a whimper of opposition when President Barack Obama killed an American citizen without a trial or a charge. When former Attorney General Eric Holder announced the “kill list” policy (that included the right to kill any American citizen), he was met with applause, not condemnation. Moreover, even the government conceded before the Supreme Court that official acts did deserve protection from prosecution. The issue was only where to draw that line. The Court found that there was absolute immunity for actions that fall within their “exclusive sphere of constitutional authority” while they enjoy presumptive immunity for other official acts. They do not enjoy immunity for unofficial, or private, actions.
I felt that there were good-faith arguments on both sides of this issue. The reaction, however, of politicians and pundits is to again denounce and even threaten the justices. Rage has again replaced reason as commentators misrepresent the opinion and race to the bottom in reckless rhetoric. It is not clear what these paper-bag pundits are more upset about: the fact that the Court ruled in favor of immunity or that the Court again failed to yield to years of harassment and threats from the left. What they fail to understand is that this is precisely the moment that the Court was designed for.
Here is the column: Continue reading “Age of Rage: Critics Unleash Threats and Abuse on the Court Following the Presidential Immunity Decision” →
Below is my column in The Hill on the over-wrought reaction to the Supreme Court decision in Trump v. United States. Commentators seemed to compete for the most alarmist accounts from court-sanctioned death squads to political assassinations to the death of democracy. From the coverage of the immunity decision, one would think that the Madisonian Democracy was being replaced by a John Wick Republic. The academic and media accounts have little basis in the actual opinion. Despite the prediction of Rachel Maddow that this was a “Death Squad Ruling,” the only thing that seemed to die was objective reporting and commentary in the wake of the decision.
