'Originalism is a dead letter': Supreme Court majority accused of abandoning legal principles in Trump immunity ruling

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Lawrence Hurley covers the Supreme Court for NBC News.

WASHINGTON — The Supreme Court's decision to grant former President Donald Trump absolute immunity for some of his conduct in seeking to overturn the 2020 election has attracted a chorus of criticism from those who saw it as another sign of conservative justices abandoning their own judicial philosophy.

He noted that amicus briefs filed in the case provided historical analysis that the majority opinion did not appear to wrestle with. 'It is astounding how the majority opinion ignores all the evidence,' he added. 'It dismisses it.' Michael Rappaport, who runs the Center for the Study of Constitutional Originalism at the University of San Diego School of Law, similarly noted that 'presidential immunity does not accord with the original meaning' of the Constitution.

 

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