Supreme Court Justice Samuel A. Alito Jr. and Virginia Thomas, wife of Justice Clarence Thomas in 2023. Another day of Supreme Court decisions passed on Friday, another day without an opinion on presidential immunity.
.virtually no credible court watcher expects the Supreme Court to find that former presidents enjoy absolute immunity . Had the court simply affirmed the decisions of either the U.S. District Court in D.C. or the U.S. Court of Appeals for the D.C. Circuit, the district court trial could have commenced in routine fashion. In whatever way the Supreme Court eventually decides to parse which acts are subject to immunity and contrives a process for proceeding in the lower court, the justice system entitling the people as well as defendants to a timely trial will be undermined.
Even if the Supreme Court rejects a sweeping absolute immunity claim, the court’s blatant procrastination will have signaled to the Aileen Cannons and other lower court judges that manipulation of justice simply through delay and procedural gimmicks is acceptable. The Supreme Court’s conduct opens the door to widespread and deliberate finagling with court schedules to benefit favored parties.
The Supreme Court justices’ egregious conduct has only underscored that lifetime tenure leads to abuse of power. To preserve any hope of restoring the court’s integrity, voters, Congress and the president must insist on strict ethics reform, term limits and rebalancing of the court with additional justices who appreciate judicial norms and ethics. The current crew of justices can no longer be relied upon to render fair, impartial — or timely — justice.
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