Trump's power grab and destruction of democracy were facilitated by a willful and pro-active far-right conservative move by SCOTUS without even being briefed.
This paper assesses the impact of Trump v. United States on the American presidency. It argues that the rulings on presidential immunity that have received so much attention and criticism are not the consequential element of the opinion. Rather, the consequential element concerns the Court’s novel and expansive account of the president’s exclusive removal power and the president’s exclusive power of investigation and prosecution. This paper shows why these rulings were novel and carefully considers their potentially very broad implications. These implications are beginning to be seen in some of the presidential power assertions of the early second Trump administration, but the possible implications go far beyond what we have seen thus far. The paper shows that none of the Court’s novel rulings on the president’s exclusive removal power and exclusive power of investigation and prosecution were briefed or addressed by the courts below or briefed or discussed at oral argument by either party in the Supreme Court. The Court addressed massively important issues of first impression about the nature and scope of presidential power in a short time frame and basically without any outside assistance.
Goldsmith, Jack Landman, "The Presidency After Trump v. United States" (March 02, 2025). Available at SSRN: https://ssrn.com/abstract=5162059 or http://dx.doi.org/10.2139/ssrn.5162059
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