Sunday, July 7, 2024

Immunity - Without The Jab

I never met a vaccine I didn't like.  A milliliter of prevention can go a long way.  The Missus and I even opted for LYMERix® - the Lyme vaccine when it was available.  The only vaccine previously marketed in the United States was discontinued as a consequence of insufficient consumer demand.  Nevertheless, our dogs have been inoculated with the canine version of the Lyme vaccine and receive scheduled boosters.  If you're old like me the shingles vax is another measure of protection.  Same for a routine tetanus booster of you work outdoors.  But I digress.  I want to devote the Sunday missive to another form of immunity. 

Last week the Supreme Court ruled that the office of the president is above the law; at least sometimes.  

The court ruled that there is a presumption that a president is shielded from prosecution for official acts; namely decisions as Commander In Chief, council with cabinet members,  executive action and such.  Immunity does not extend to private actions taken as a political candidate.

As to former President Trump's actions on the January 6 capitol riot the court kicked the case back to the lower court judge to ascertain whether Trump's role constitutes a private act or an official one.

Fortunately for Trump this further delays any decision on the matter until after the election.  If he wins reelection; it will never see the light of day.  The ruling might also apply to state charges the former president faces in New York and Georgia. The key takeaway is that this ruling doesn't just apply to Donald Trump but to all future presidents as well.

As Chief Justice Roberts wrote, A president inclined to take one course of action based on public interest may instead opt for another, apprehensive that criminal penalties may befall him upon his departure from office

Some have suggested that the decision goes too far, enabling a president to  act in a fashion that heretofore might have appeared unlawful.  Unrestrained presidential immunity can be a slippery slope and possibly abused.  Nevertheless, and counterintuitively, the ruling provides some legal protection to President Biden if Trump wins reelection this fall.  As a practical matter we'll have to wait and see.

What we know for sure is that for the present time the Supreme Court has extended broad legal protection to a president; something that is not enjoyed by anybody else in the entire country. 

That's a big damn deal, people.

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