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As Justice Sonia Sotomayor argues persuasively in her dissent, this new rule will probably avert prosecutors from charging a president with the crime of manipulating the equipment of his Workplace to interact in corruption. Because provided that the president defends himself in keeping with Roberts’ viewpoint, that’s not even against the law in the first place.
is usually that when presidents use their electric power to dedicate official functions in pursuit of a prison plan, that's after we ought to be most worried about their conduct and most keen for them to deal with accountability. Due to the fact that may be when their criminal perform poses the most heightened menace to democracy. In the event the president can take this enormous ability we entrust him with and manipulate it for corrupt finishes—realizing he won't ever encounter accountability—then We've got essentially altered the nature of just what the presidency is.
Brettschneider: Absolutely not this court docket. And that’s what’s so crucial to get across—this is absolutely about the fundamentals of democracy. We’re talking about the president committing crimes with impunity that threaten The soundness of democracy itself.
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Stern: I love Justice Sotomayor’s two citations into the Dobbs final decision in her dissent. She tends to make the scathing position that “it seems history only matters to this court when it can be hassle-free.” Which’s the whole ballgame. The courtroom will cherry-select whichever suits its narrative, then overlook all the things else.
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