The Supreme Court ruled on Monday that former President Donald Trump is immune from criminal prosecution for official acts made while president. This partial immunity decision — presidents do not enjoy absolute immunity for unofficial actions taken while in office — is a stunning example of institutional hubris and reckless judicial activism.
The court’s self-important drive to announce an all-encompassing principle was underscored by Justices Samuel Alito, Neil Gorsuch and Brett Kavanaugh during oral argument. The issue before the court was bigger than just one case, Alito intoned, because “whatever we decide is going to apply to all future presidents.
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