Is the Supreme Court turning on Trump?
Supreme Court Justice Sonia Sotomayor recently renewed her criticism of last summer’s decision regarding presidential immunity, a ruling that many conservatives hailed as a safeguard for the office of the presidency. Speaking at an event in Kentucky, Sotomayor expressed concerns over the growing public distrust in the high court, suggesting that the justices may be moving too far away from the views of the American people.
In a pointed warning, Sotomayor argued that if the Court continues to move too rapidly ahead of public sentiment, it risks undermining its own legitimacy. “If we as a court go too far ahead of the people, our legitimacy is going to be questioned,” she said. Her remarks come on the heels of a Supreme Court decision last summer in which the justices, by a 6-3 vote, ruled that former presidents have immunity from criminal prosecution related to certain official actions. Chief Justice John Roberts, writing for the majority, argued that this immunity was necessary for the presidency to function effectively without the distractions of constant legal battles.
However, Sotomayor vehemently dissented, joined by fellow left-leaning justices Elena Kagan and Ketanji Brown Jackson. She viewed the ruling as a significant departure from the fundamental principle that no one, not even our president, is above the law. In her 30-page dissent, Sotomayor stated that the decision “reshapes the institution of the Presidency” and “makes a mockery” of the Constitutional principle of equality under the law.
At the Kentucky event, Sotomayor emphasized that the Constitution does not exempt the president from criminal activity after impeachment. She expressed discomfort with the idea of presidential immunity, stating that public acceptance of such a decision was unlikely. Her concern is that decisions like these, which undo long-standing precedents, create uncertainty and instability in the legal system, leading the public to question whether judicial decisions are motivated by legal reasoning or partisan agendas.
While Sotomayor insisted that she does not believe her colleagues are motivated by political bias, she warned that the speed at which the Court is overturning precedent could result in public confusion. If the Court is seen as too partisan or too disconnected from the public’s understanding, she said, it risks eroding its credibility. According to Sotomayor, a more gradual approach to revisiting and potentially overturning long-held legal principles would help to maintain the Court’s standing in the eyes of the American people.
For many conservatives, Sotomayor’s remarks serve as a reminder of the importance of ensuring the judiciary remains impartial, and the need for legal decisions to reflect the values that uphold the rule of law. Her concerns about public confidence in the Court reflect a broader issue of trust in our legal institutions, which many on the right believe should prioritize the Constitution and respect for the law over ideological considerations.