Justice Sotomayor was right for the wrong reasons
The Supreme Court’s ruling on prosecuting presidents is mistaken, says Eric Nelson, but not because the founding fathers were anti-monarchists
IN HER DISSENT in Trump v United States, Justice Sonia Sotomayor correctly observes that historical evidence from the early republic “cuts decisively against” the sweeping new doctrine of executive immunity adopted by the Supreme Court majority. But is this, as she goes on to claim, because the decision converts the president into “a king above the law”?
From the July 13th 2024 edition
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