How SCOTUS Just Blew Up Jack Smith’s Prosecution
Plus: The Future of Federal Regulation After SCOTUS Tossed Out ‘Chevron’
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BILL KRISTOL & ANDREW EGGER: What Could Make Biden Drop Out?
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KIM WEHLE: How SCOTUS Just Blew Up Jack Smith's Prosecution
ON MONDAY MORNING, a 6–3 majority of the Supreme Court announced that Special Counsel Jack Smith—and not Donald J. Trump—is the true threat to American democracy.
So the justices all but shut him down.
In his majority opinion in Trump v. United States, Chief Justice John Roberts insisted that the normal checks and balances in place to stave off rogue prosecutors—such as affirmative defenses, motions to dismiss, and the practical difficulties of securing jury verdicts without actual evidence—aren’t good enough for former presidents. Prosecutors cannot be trusted to act in good faith, Roberts more or less concluded. So the “conservative” majority effectively injected a new provision into Article II of the Constitution that gives presidents a presumption of absolute immunity from prosecution for official acts, even if done corruptly or in violation of the criminal laws.
🎥 PODCASTS AND VIDEOS 🎧
Bulwark Podcast with Tim Miller: Tom Nichols: Political Malpractice
Beg to Differ: The Most Consequential Failure of Recent Times
The Dark Side: Presidential Immunity & Kamala Harris 2024 🔐
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TIM MILLER: Dear Dems: The Gaslighting Isn’t Helping Matters
FOR EIGHT YEARS progressive activists, democracy-dies-in-darkness media types, and self-important podcasters have righteously bombarded Americans with clarion calls about the danger of Trumpian gaslighting. We’ve certainly done our fair share of that here.
Which is why it has been so dismaying over the past few days to see an unending stream of gaslighting from the very same people in the days following President Biden’s disastrous debate performance.
KIM WEHLE: Agencies, Schmagencies: The Future of Federal Regulation After SCOTUS Tossed Out ‘Chevron’
THE SUPREME COURT’S 6–3 DECISION last week in Loper Bright Enterprises v. Raimondo represents a seismic event in American regulatory law. The general public can’t be expected to be familiar with what the case means or its implications for how our government works—it’s an incredibly complex subject, the kind of thing that takes weeks to teach properly in law school. But because the media coverage hasn’t done justice to some of the important details, here’s a quick-and-dirty crash course on why Loper Bright is such a big deal.
🚨OVERTIME🚨
Happy Monday! As July 4th beckons, I hope that, despite recent news, you’re looking forward to your holiday plans. Remember, things could always be worse: you could be Stephen Bannon.
Welcome, Michael Steele… The former RNC chair is bringing his show to The Bulwark’s growing network of podcasts. Welcome, Chairman! 1
🎵On the Jukebox…🎵 Eddie Vedder - Save it For Later
“RTO” Mandates… Are Killing the Euphoric Work-Life Balance Some Moms Found (Bloomberg)
The universe… is too clever by half: Trump’s plane parked next to a Russian government plane in Atlanta for the debate.
In local news… D.C. police have cracked down on illegal mopeds, a growing problem in cities (WTOP).
The real reason suburbs… were built for cars (Phil Edwards)
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Editorial photos provided by Getty Images. For full credits, please consult the article.
I’m a former low-level RNC guy and old habits die hard.
