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Culture War Roundup for the week of September 23, 2024

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Thank you, that's more reasonable.

Barrett concurred with most of the opinion, but yeah, her opinion wasn't controlling. I fully expect though, if it makes it back to the court, that it be construed in a narrow fashion, rather than a broad one. I think they expected it to be considered with all future such cases in view (hence Gorsuch's quote of "a rule for the ages"), and it would equally well protect Biden from prosecution for carrying out the office of the President, but it clearly wasn't taken that way by the public.

I think the idea was that Presidents in general shouldn't be prosecuted just on Trumped up charges (ha, ha) when their political opponents come into power, that would be really bad. Similarly, Congress shouldn't constitutionally be able to take away from the President the things the Constitution commands him to do, like execute the laws, even if it can regulate the manner of doing so to some extent. Because of those two things, it's necessary that the president have some level of immunity from prosecution for some sorts of things related to the carrying out of his Presidential responsibilities. Did this ruling go too far? I'm currently leaning yes, especially with the evidence rule, which was, as far as I can tell, baseless. But no immunity, which seems to be what Jackson, at least, wanted, would also be bad.

My general sense of the conservative justices, which could be totally wrong, is that Thomas, Alito, and Gorsuch have visions of what the law should ideally be, which are in many cases different from how it's been interpreted for half a century plus, and they want to restore it, and are not afraid to say so. They're also the most partisan. Roberts and Kavanaugh generally lean conservative, but are more pragmatists, and I think they seem to care more about the administrative state than about social issues. They like hedging. And Barrett is just over there trying to faithfully interpret the law—more socially conservative and slightly more of an idealist than Roberts and Kavanaugh, but wants to come to opinions on her own, and so joins the liberals sometimes, and is not a fan of Trump. I think the conservatives view their role as closer to restoring justice and the law of the land than helping a political team (but, of course, they think that a certain political team fits that better). I couldn't tell you the differences between Sotomayor, Kagan, and Jackson—Jackson's pretty clearly more willing to break with the other liberals than Sotomayor or Kagan are with each other, but I don't see differences in their philosophies all that much.

The court has ruled against Trump in the past, he just hasn't been before the court recently. He lost, for example, Trump v. Vance. Admittedly, the court has gotten more conservative since then.

Barrett I overall respect, which is odd to me considering how she came into office. Jackson is in a similar vein as Sotomayor and Kagan, but she is somewhat more of a process person and informed by her experience as a defense attorney. Earlier I might have agreed with you on Roberts, but based on his actions lately and some leaks I'm beginning to think that he can be ideological as the others, just not as straight Dem/Rep.

I got their intention in Trump v. United States, but A, I think they went too far (the evidence ruling, plus ruling that communications can not be investigated), and B, it was a perfect example of all the judicial activism oft-complained about. No immunity would be the originalist ruling, as the Constitution says nothing to suggest immunity.

I think the argument would be that the vesting clauses imply separation of powers, which must inherently have built in some immunity (though likely not as much as here is attributed).

But they didn't really employ much founding-era evidence to support their position—Sotomayor was much better on that front.

I think Barrett, Gorsuch, and Thomas are the three I respect most.