Something Has Gone Deeply Wrong at the Supreme Court
Forget Donald Trump. Forget Joe Biden. Think instead about the Constitution. What does this document, the supreme law of our land, actually say about lawsuits against ex-presidents? Nothing remotely resembling what Chief Justice John Roberts and five associate justices declared in yesterday’s disappointing Trump v. United States decision. The Court’s curious and convoluted majority opinion turns the Constitution’s text and structure inside out and upside down, saying things that are flatly contradicted by the document’s unambiguous letter and obvious spirit. Imagine a simple hypothetical designed to highlight the key constitutional…
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