Supreme Court Justice Sonia Sotomayor dissented to the court’s decision to kick Donald Trump’s presidential immunity arguments to a lower court.
The Monday ruling all but guarantees a potential criminal trial on charges the former president tried to overturn the 2020 election won’t happen until after the November election.
“Never in the history of our Republic has a President had reason to believe that he would be immune from criminal prosecution if he used the trappings of his office to violate the criminal law,” Sotomayor wrote in her dissenting opinion. “Moving forward, however, all former Presidents will be cloaked in such immunity. If the occupant of that office misuses official power for personal gain, the criminal law that the rest of us must abide will not provide a backstop … with fear for our democracy, I dissent.”
Sotomayor added in her dissension that the SCOTUS decision “reshapes the institution of the Presidency.”
“It makes a mockery of the principle, foundational to our Constitution and system of Government, that no man is above the law,” she wrote. “Relying on little more than its own misguided wisdom about the need for ‘bold and unhesitating action’ by the President, ante, at 3, 13, the Court gives former President Trump all the immunity he asked for and more. Because our Constitution does not shield a former President from answering for criminal and treasonous acts, I dissent.”
When the ruling was read aloud Monday, Sotomayor said the decision was “utterly indefensible” and makes any future president “a king above the law.”
The majority opinion in Monday’s ruling stated the Supreme Court had to decide which of Trump’s alleged conduct was immune from prosecution. Trump’s lawyers also noted the ruling undermines special prosecutor Jack Smith’s case, leading to potential impact on his classified documents charges in Florida.
Trump himself also reacted to the news on his Truth Social account. “BIG WIN FOR OUR CONSTITUTION AND DEMOCRACY,” he posted. “PROUD TO BE AN AMERICAN!”
Ultimately, Justice Ketanji Brown Jackson issued her own letter of dissent in agreement with Sotomayor, with Justice Elena Kagan agreeing with both.
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