Read Sonia Sotomayor's Dissent: 'The President Is Now a King Above the Law'

“With fear for our democracy, I dissent,” Justice Sonia Sotomayor concluded in a scathing dissent, joined by Justices Elena Kagan and Ketanji Brown Jackson.

Today’s decision to grant former Presidents criminal immunity reshapes the institution of the Presidency. The Court now confronts a question it has never had to answer in the Nation’s history: Whether a former President enjoys immunity from federal criminal prosecution. The majority thinks he should, and so it invents an atextual, ahistorical, and unjustifiable immunity that puts the President above the law. …

Settled understandings of the Constitution are of little use to the majority in this case, and so it ignores them. The public interest in the federal criminal prosecution of a former President alleged to have used the powers of his office to commit crimes may be greater still. “he President … represent all the voters in the Nation,” and his powers are given by the people under our Constitution. …

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