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Thank Trump for SCOTUS’s Historic Term and Rule of Law

Posted on Wednesday, July 3, 2024
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by Aaron Flanigan
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Just in time for the Fourth of July, the Supreme Court ended its term with a “bang,” delivering landmark victories for the rule of law and reminding voters just how crucial the Court’s 6-3 conservative majority is not only for their political concerns, but for the health of the republic.

Here’s a breakdown of the most consequential final High Court decisions this term.

Loper Bright Enterprises v. Raimondo

In Loper, the Court overturned the doctrine of so-called “Chevron Deference,” which held that federal judges must defer to agencies in the executive branch in their interpretation of ambiguous statutes. This decision, which was handed down in 1984, gifted unelected bureaucrats the power to essentially make law, emboldening what many conservatives have derided as the Deep State, or a constitutionally nonexistent fourth branch of government.

But on June 28, Justices John Roberts, Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett dealt Chevron a long-overdue death blow. “Chevron has proved to be fundamentally misguided,” Roberts wrote for the 6-3 majority. “It reshaped judicial review of agency action without grappling with the [Administrative Procedure Act], the statute that lays out how such review works. And its flaws were apparent from the start, prompting the Court to revise its foundations and continually limit its application.”

In a concurring opinion, Gorsuch noted that overturning Chevron would return “judges to interpretative rules that have guided federal courts since the Nation’s founding.” He continued: “[A]ll today’s decision means is that, going forward, federal courts will do exactly as this Court has since 2016, exactly as it did before the mid-1980s, and exactly as it had done since the founding: resolve cases and controversies without any systemic bias in the government’s favor.”

The constitutional gravity of Loper can hardly be overstated. As many conservative legal analysts have noted, the fall of Chevron will do more than any Supreme Court decision in modern American history to restore the framers’ vision of our constitutional order. But even more so, it will at long last strip power away from the sprawling administrative state that has for far too long played an outsized role in the American lawmaking and regulatory landscape.

Trump v. United States

In undoubtedly the most politically explosive ruling this term, on July 1 the Court ruled by a 6-3 margin in Trump v. United States that presidents are immune from criminal prosecution for certain actions they take in their official capacity as president. Justices Roberts, Thomas, Alito, Gorsuch, Kavanaugh, and Barrett ruled in the majority, with Justices Sotomayor, Kagan, and Jackson in the minority.

At the heart of this case is Special Counsel Jack Smith’s indictment against Trump, which seeks to criminally charge Trump for the events of January 6, 2021. Trump’s attorney, John Sauer, told the Court during the April oral arguments that the “presidency as we know it” would change forever in the absence of presidential immunity—and would allow the president’s political rivals to criminally charge future commanders-in-chief for engaging in official presidential duties. Sauer raised, for instance, the possibility that Joe Biden could be charged with fomenting the border crisis, or that Barack Obama could be charged with launching drone strikes resulting in the death of American citizens.

The Court ruled in Sauer’s favor, striking a potentially fatal blow to Jack Smith’s anti-Trump lawfare and virtually ensuring that Trump’s Washington, D.C.-based trial won’t take place until after the November election, if at all.

Though leftists in elected office and the corporate media have predictably lost their minds over the Trump v. United States ruling—and are actively using the Court’s decision as yet another weapon in their longstanding Supreme Court delegitimization campaign—in practice, the ruling is generally legally narrow. As Chief Justice Roberts wrote for the majority, presidential immunity does not apply to unofficial acts. “[T]hat immunity extends to official discussions between the President and his Attorney General, and then remand to the lower courts” for further deliberation, he writes.

Roberts also took aim at the apocalyptic rhetoric of Sotomayor’s and Jackson’s dissents (which outrageously claimed the decision would incentivize corruption and reshape “the institution of the Presidency”), noting that their “chilling tone of doom” is “wholly disproportionate to what the Court actually does today.”

In the end, the Court’s 6-3 decision serves not only as a massive tactical victory for Trump just four months out from Election Day, but also as a substantial institutional victory for the office of the presidency, which is now empowered to function as a strong, energetic, and broadly powerful office—or as legal analyst Josh Hammer observed, just as Alexander Hamilton and Abraham Lincoln envisioned it.

Fischer v. United States & City of Grants Pass v. Johnson

Another notable Court victory from this term came from Fischer v. United States, in which the justices significantly narrowed the scope of charges against some January 6 defendants. After years in which many of these defendants have been denied bail and given long prison sentences for nonviolent crimes, this decision was one step closer to justice.

In City of Grants Pass v. Johnson, the Court ruled that a city can constitutionally ban homeless people from sleeping in public—a ruling that empowers cities all across the nation to crack down on the homelessness crisis and restore the rule of law in America’s cities and suburbs.

As Americans prepare for the coming November election, it is worth noting that, prior to Trump’s election, Justices Clarence Thomas and Samuel Alito were the only reliable constitutionalists sitting on the High Court—and the faux “living constitutionalism” embodied by the Court’s progressive wing was the driving force behind the High Court’s legal interpretation. But that all changed with Trump’s three appointments—Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett—who handed constitutional conservatives their first ever Court majority.

In the years ahead, the Court is almost certain to add to its impressive repertoire of conservative legal wins—and should Donald Trump reclaim the presidency this fall, the Court’s current 6-3 Republican-appointed majority could continue to grow. Despite the media’s predictable hysteria this week, every American who cares about the rule of law, the separation of powers, and the American constitutional order should hope it does.

Aaron Flanigan is the pen name of a writer in Washington, D.C.

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Emer
Emer
11 days ago

To counter the comment that Trump is not a likable guy I would like to say he was likable enough when the NY rappers put him in their lyrics, when he made cameo appearances in major movies, when the New York NAACP gave him numerous awards, when he purchased the beauty pageants when they were in trouble; and when he produced The Apprentice. When did people began to dislike him? It seems he was particularly likable when politicians were accepting huge contributions from him. Only when they felt his threat to their power did the hate begin to spew forth from all the networks. We see the networks now stepping up their lies and spewing with a new intensity of hate toward Trump, as they have lied about JB and even now after having been found out they have doubled down on the lies and hate. Some people will remain fooled. The media manipulates people’s emotions and generates hate. The proof is the numbers of people suffering from the hate Trump syndrome. It is appalling but true. Truth vs lies; reality vs illusion, facts vs feeling. What if people began to reason and speculate why they feel so negative towards Trump when they did not before. Is the dislike from their free will or the manipulation of their emotions by the media? To be or not to be; “to live in truth or live in fantasy.” Hitler and the German newspapers manipulated millions of humans to hate the Jews using the same tactics. That is how it is done.

Max
Max
11 days ago

A good start for defending the Constitution and downsizing the unlawful hand of big government. There is still much more to do to save the nation as the Adversary will continue to reach into its bag of tricks and deceits to bring about the demise of the nation.

Robert Zuccaro
Robert Zuccaro
10 days ago

Can you imagine Merrick Garland and two Obama choices in? There’d be abortion allowed after the birth, the elimination of the 2nd Amendment, illegal amnesty, the Green New Deal, gender “affirmation” without parental consent, … dystopia.

Leslie
Leslie
11 days ago

This is EAXACTLY why I voted for Trump. Face it, he isn’t a likeable guy. But, I do believe he truly loves this country, unlike the Dem/libs/Clinton/Obama/Biden teams and I WILL be voting for him Again. He MUST pick a VP candidate who can and will run the country after he is in prison, cuz that’s where this is headed. He will then be a martyr and more powerful than ever. But, the USA will be pretty much done, and that is assuming one of the haters of America doesn’t shove us back into the 1800’s, UNLESS we not only elect Trump but ALSO a Republican House and Senate. And they better not blow it like they did last time.

John
John
10 days ago

You can always tell when something is good for the country. Whenever the Totalitarian Communist Democrat Party comrades start attacking it through therePropaganda media machines and the snow flakes start heading for there freezer safe rooms.

Stephen Russell
Stephen Russell
10 days ago

Victory

You will die here
You will die here
10 days ago

He’s going to try to deport immigrants and fight crime in Chicago and it’s going to make Afghanistan looks like a picnic.
Chicago radio to the military : if you will not return to your homes you will die in ours.

Larry Barton
Larry Barton
9 days ago

Thanks to President Trump for appointing justices to SCOTUS who do their job of interpreting our Constitution as written, as intended, rather than as preferred by the socialists/Democratic Party

Dewey
Dewey
10 days ago

Am I the only one who sees Merchon’s delayed sentencing until September turning into an October surprise?

hgk
hgk
9 days ago

I voted first against Hilary and second for conservative SCOTUS APPOINTMENTS.
Second vote was for my trust in Trump doing the right things and against O-Biden. Next vote will be for my trust in Trump.

anna hubert
anna hubert
10 days ago

I am rooting for him Right now he is the only one who can stop this madness For that to happen there would have to be clean elections Should that happen I’d say dems have returned to decency Doubt it

BACKWOODS
BACKWOODS
10 days ago

Yes these are all wins. But do not forget the losses. They will not rule on the election that we all know was stolen by machines that can and are programed. They ruled wrong on the Covid- Bioweapon Jab.

uncleferd
uncleferd
10 days ago

Very interesting, informative, and encouraging article, that gives a well-reasoned, sober view of the practice of using indiscriminant lawsuits as a political weapon against strong, popular candidates.
Clearly, those underhanded tactics are the domain of those who have never been law-abiding, honest, or personally invested in their governmental duties to begin with….

Gina
Gina
10 days ago

It’s about time.

Smike
Smike
9 days ago

So AMAC why did you sit back and allow the Social Security Act of 2024 to take away a benefit that had existed for decades that I had planned on to help my wife get by after I pass away. Before you let the Social Security Act of 2024 the surviving spouse could take the higher of the two social security benefits. That’s gone – Thanks AMAC
Is this the first chip from Social Security with more to follow that you’re just going to watch and do nothing about?

rvgrandma
rvgrandma
10 days ago

I saw the stats the other day on the Supreme Court decisions. Of 49 decisions only 11 sided with the conservative side. Otherwise we now have a court that is based on the constitution not political party.

johnh
johnh
9 days ago

Our Founding Fathers formed a Republic with three branches so that one of them could not control our government. Our POTUS has not needed immunity for about 235-years so why now, & the only reason is because Trump asked for it. The SCOTUS is ruling in favor of the Republican party & on top of that has had two decisions leaked prior to final in the last year. Our Founding Fathers want the Judicial Branch to be neutral & so do I as an American citizen and proud RINO.

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