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Overtime

How SCOTUS Just Blew Up Jack Smith’s Prosecution

Plus: The Future of Federal Regulation After SCOTUS Tossed Out ‘Chevron’

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Jim Swift
Jul 02, 2024
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How SCOTUS Just Blew Up Jack Smith’s Prosecution
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Recently in The Bulwark:

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KIM WEHLE: How SCOTUS Just Blew Up Jack Smith's Prosecution

Activists outside the U.S. Supreme Court on July 1, 2024, when the Court handed down its decision in Trump v. U.S. (Photo by Allison Bailey / Middle East Images / Middle East Images / AFP / Getty Images)

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.

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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.

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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.

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🚨OVERTIME🚨

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Editorial photos provided by Getty Images. For full credits, please consult the article.

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I’m a former low-level RNC guy and old habits die hard.

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