Tag: immunity

Supreme Court Justice Sonia Sotomayor criticized the Court’s 2024 presidential immunity case in her first public appearance since the start of the second Trump term, saying it places the Court’s legitimacy on the line. 

Sotomayor made the comments during an appearance in Louisville, Kentucky, during which she was asked a range of questions, including the public’s perception of the high court, according to the Associated Press. Sotomayor’s comments are her first in public since President Donald Trump took office last month. 

“If we as a court go so much further ahead of people, our legitimacy is going to be questioned,” Sotomayor said during the Louisville event. “I think the immunity case is one of those situations. I don’t think that Americans have accepted that anyone should be above the law in America. Our equality as people was the foundation of our society and of our Constitution.”

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In a 6-3 decision in July 2024, the Supreme Court ruled in Trump v. United States that a former president has substantial immunity from prosecution for official acts committed while in office, but not for unofficial acts.

The case stemmed from Special Counsel Jack Smith’s federal election interference case in which he charged Trump with conspiracy to defraud the U.S.; conspiracy to obstruct an official proceeding; obstruction of and attempt to obstruct an official proceeding; and conspiracy against rights. 

Sotomayor notably wrote the dissent, joined by Justices Elena Kagan and Ketanji Brown Jackson, saying the decision “makes a mockery of the principle, foundational to our Constitution and system of Government, that no man is above the law.”

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“Never in the history of our Republic has a President had reason to believe that he would be immune from criminal prosecution if he used the trappings of his office to violate the criminal law,” the dissent continued. “Moving forward, however, all former Presidents will be cloaked in such immunity. If the occupant of that office misuses official power for personal gain, the criminal law that the rest of us must abide will not provide a backstop. With fear for our democracy, I dissent.”

During her Louisville appearance, Sotomayor shared that she “had a hard time with the immunity case,” saying the Constitution contains provisions “not exempting the president from criminal activity after an impeachment.”

Sotomayor warned that if the Court were to continue down the same path, the Court’s legitimacy would ultimately be at risk. 

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“And if we continue going in directions that the public is going to find hard to understand, we’re placing the court at risk,” Sotomayor said. 

When asked for comment, a White House spokesperson told Fox News Digital, “This historic 6-3 ruling speaks for itself.”

The justice suggested that one way to resolve the public’s distrust in the Court would be to slow down in overturning precedent. The Court has, in recent years, overturned various landmark decisions, including Roe v. Wade in 2022, and striking down affirmative action in college admissions in 2023 and the Chevron doctrine in 2024. 

“I think that creates instability in the society, in people’s perception of law and people’s perception of whether we’re doing things because of legal analysis or because of partisan views,” Sotomayor said. “Whether those views are accurate or not, I don’t accuse my colleagues of being partisan.”

Sotomayor made similar comments in 2023, saying she had a “a sense of despair” about the Court’s direction following the Dobbs v. Jackson Women’s Health Organization decision, which overturned Roe. Sotomayor did not name the case specifically. 

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However, the justice said she did not have the luxury to dwell on those feelings.

“It’s not an option to fall into despair,” Sotomayor said. “I have to get up and keep fighting.”

Fox News Digital’s Ronn Blitzer and the Associated Press contributed to this report.