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How the Supreme Court immunity ruling changes presidential power
Supreme Court's immunity protects Trump from Jan. 6 prosecution | Ian Bremmer | World In :60

How the Supreme Court immunity ruling changes presidential power

Ian Bremmer shares his insights on global politics this week on World In :60.

What does the Supreme Court's immunity decision mean for Trump and the future of presidential power?

Well, for Trump, the first thing it means is that you're not going to be hearing about on the case of his involvement in January 6th. All of that gets punted until after the election earliest, assuming Biden wins and more likely these days, Trump. The case is kind of a dead letter. More broadly for presidential power. We're talking about immunity for all official acts that are engaged in during the course of a person's presidency. Now, in dissent, Justice Sotomayor, who's pretty far left on the court, has said that this doesn't prevent a president from engaging in treasonous acts and makes the president a king. Most jurists don't accept that, but it certainly does lead to huge questions about what is and what is not an official act. And of course, presidents would be inclined to argue that very broadly to be able to avoid the potential at any cases against them. So this is a pretty significant, not necessary momentous, but certainly very significant decision by the court.

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A view of the U.S. Supreme Court in Washington, U.S. June 29, 2024.

REUTERS/Kevin Mohatt

SCOTUS muddies the AI regulation waters with Chevron decision

On Friday, the US Supreme Court struck down a landmark ruling on federal agencies’ power, known as “Chevron deference,” that required courts to defer to the agencies’ “reasonable” interpretations of “ambiguous” federal legislation.

This means federal regulations – from telecom and environmental rules to work safety and AI regulation – could now face increased legal challenges, which is a big win for conservatives looking to rein in the executive.

The case: While it sounds like an obscure chess gambit, “Chevron deference” was a pretty straightforward legal doctrine. It held that federal agencies could make their own rules when Congress left aspects of law ambiguous – which they often do – and that courts should defer to the expertise of each agency. But Friday’s ruling held that the executive branch was essentially carrying out lawmaking responsibilities that should be left to Congress.

The AI upshot? The immediate impacts on AI regulation will be limited because there isn’t much on the books yet. To get future regulations to stick under the new ruling, however, Congress will likely have to lay out regulations in minute detail or write laws specifically empowering agencies to cover certain aspects of regulation. Given how slowly Congress moves, the extra legwork could put regulation perpetually behind the pace of innovation. And Congress isn’t known for its tech expertise. Remember when Mark Zuckerberg had to remind one member how social media companies make money: “Senator, we run ads”? Or when another senator asked if the company would “end finsta”?

The danger here is that, depending on how the ruling is interpreted, Congress may have to be overly prescriptive about AI – “if itcan get a law passed at all,” says Eurasia Group’s Scott Bade. “Given how slowly Congress acts, the question then is whether laws can be written in a way that keeps up with the rapid evolution of AI technology.”
a large white building with columns with United States Supreme Court Building in the background

Supreme Court: Trump gets substantial immunity

The Supreme Court handed Donald Trump a big win on Monday. In a 6-3 decision along ideological lines, the conservative justices ruled that presidents have absolute immunity for actions related to their core responsibilities while in office. The decision will almost certainly delay the charges brought against the former president in Washington, DC, for allegedly plotting to overthrow the 2020 election.

Trump contends that he is entitled to absolute immunity from the three conspiracy charges and one count of obstructing an official proceeding brought by special counsel Jack Smith. Lower courts rejected the claim, but SCOTUS has ordered them to reassess whether Trump’s alleged action on Jan. 6 “qualifies as official or unofficial,” with the understanding that he would be immune from prosecution for official actions carried out as president.

The rationale: The court’s basic argument was that without these protections, a president would be unable to do his or her unique job independently and effectively, for fear of being prosecuted by political opponents or successors.

In dissent, Justice Sonia Sotomayor wrote that Monday's immunity decision, "effectively creates a law-free zone around the president, upsetting the status quo that has existed since the founding."

Joe Biden spoke out against the ruling on Monday night, echoing Sotomayor's sentiment that “there are no kings in America,” and said that the ruling means there are “virtually no limits” on presidential power. The president also said that voters deserved to have an answer through the courts before Election Day about what took place on Jan. 6. The court's ruling called for prosecutors to detail their evidence against Trump in front of a federal judge — and the public — at a fact-finding hearing, though it is unclear whether that will take place before Nov. 5.

Trump has prevailed in the court this session. Even before the rulings, the high court’s decision to take up the immunity case worked in Trump’s favor to delay his prosecution until after the November election.

The court also heard two other Trump-related cases this term concerning Jan. 6. The first, an attempt to bar Trump from the ballot in Colorado under Section 3 of the 14th Amendment, was unanimously rejected in March. The second ruling limited the use of a federal obstruction law to prosecute rioters who allegedly stormed the Capitol, and it will also affect Trump’s DC indictment because two of the four charges against him are based on that law.

Monday's immunity decision followed a wave of consequential rulings on Friday. Potentially the most impactful, but least flashy, was the Chevron decision, which limits the power of federal agencies and undermines the basis for upholding thousands of regulations by dozens of federal agencies.

In its final decision of the session, the court on Monday also ruled to keep in place a hold on any efforts by Texas and Florida state governments to limit how social media platforms regulate content, ordering the lower courts to review the case again. The court will reconvene in October.

US Supreme Court

Photo by Joshua Woods on Unsplash

SCOTUS throws a bone to Jan. 6 rioters

On Friday, the US Supreme Court issued a ruling that hampers the Justice Department's ability to charge rioters for taking part in Jan. 6 riot on the grounds that they obstructed an official proceeding (the counting of the electoral college votes). The prosecutors were charging the rioters using a statute that forbids tampering with evidence and was enacted in 2002 in regard to the Enron accounting scandal.

In a 6-3 decision along nonideological lines, the court said that prosecutors must prove that defendants attempted to tamper with or destroy documents or “other things used in the proceeding” for the charge to apply.

Federal prosecutors have charged hundreds of Jan. 6 defendants with obstructing an official proceeding, as the Capitol attack aimed to upend Congress’s certification of President Joe Biden’s 2020 election victory. Former President Donald Trump also faces the charge in his federal Jan. 6 case.


Is this a win for Trump?"It's still unclear how this ruling impacts Trump specifically, but it could overturn many of the prosecutions against Jan. 6 defendants who are not Trump,” says Eurasia Group analyst Noah Daponte-Smith. “Even if the ruling does vacate some of the charges against Trump, it doesn't threaten the main thrust of his trial — he still faces two other charges."

U.S. Supreme Court nominee Judge Sonia Sotomayor makes a point as she answers questions during the third day of her U.S. Senate Judiciary Committee confirmation hearings on Capitol Hill in Washington July 15, 2009.

REUTERS/Jonathan Ernst

Sotomayor accuses conservative justices of ‘power grab’

Liberal Supreme Court Justice Sonia Sotomayor on Thursday did not mince words in a dissenting opinion over the Supreme Court’s ruling that limits the authority of the Securities and Exchange Commission, accusing the conservative majority of making a “power grab” by undermining the enforcement power of federal agencies.

In a 6-3 ruling, the court said the SEC’s in-house tribunals that are overseen by administrative law judges who report to federal agencies — as opposed to federal courts — violated the right to a trial by jury.

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An attendee at an abortion rights rally holds a sign outside the Idaho Capitol on May 14. The U.S. Supreme CourtÂ’s reversal of Roe v. Wade and Planned Parenthood v. Casey, two landmark abortion cases, triggers a law in Idaho that bans most abortions.

REUTERS/ Abaca Press

Leaked Supreme Court document indicates emergency abortion protection in Idaho

A draft opinion mistakenly posted to the Supreme Court’s website on Wednesday indicated the justices plan to allow for emergency abortions in Idaho and to dismiss Boise’s appeal. The court later released a statement saying no final decision has been issued, but if the leaked decision holds, it could be a sign conservatives are seeing the need to moderate on abortion.

This doesn’t mean abortion will be federally legal again. By dismissing the case, the justices are punting on the question, but it does mean women in Idaho whose health may be threatened by pregnancy-related issues can get an abortion. The case will not affect other states that have implemented limits or bans on abortion care.

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A herd of cows standing on top of a lush green field.

Hard Numbers: Danes tax cow farts, SCOTUS sides with Biden (on social), Deadly mpox strain hits DRC, China’s lunar probe returns

43: Cow farts can be taxing. Denmark plans to tax farmers for the greenhouse gases emitted by their cows, sheep, and pigs from 2030. The taxes – a world first – aim to reduce Danish greenhouse gas emissions by 70% by targeting a major source of methane emissions. The tax will start at $17 per ton of carbon dioxide equivalent in 2030 and increase to $43 per ton by 2035.
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Big week for the “Big Lie” in the Supreme Court

In its final week in session, the US Supreme Court will decide two cases involving Donald Trump’s attempt to overthrow the 2020 election. Both cases stem from a conspiracy spread by Trump and his allies that Joe Biden stole the 2020 election through voter fraud. This stolen election conspiracy, dubbed the “Big Lie,” has deeply wounded American democracy, and it motivated thousands of Trump’s supporters to storm the Capitol on Jan. 6, 2021.

The first case, on presidential immunity, looks at whether former presidents can be criminally prosecuted for actions taken while in office. Trump is using this claim to delay his federal indictment in DC – arguing that presidential immunity prevents him from being prosecuted for his actions on Jan. 6. Special counsel Jack Smith has argued that the broad scope Trump proposes would give presidents a free pass for criminal conduct.

When the court heard the oral arguments in April, they appeared ready to rule that presidents have some degree of immunity, which would further delay the DC case and make it all but guaranteed that it is not decided before November’s election.

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