Out of Kilter

Dear Ted and Jody:

Whether they realize it or not, every American has been waiting to hear the Supreme Court’s Majority opinion on the issue of presidential immunity from prosecution. At issue is the premise and promise that “no one is above the law.” The disturbing thing is that the Court took the case at all; and then, having taken the case, the Court did not immediately render a decision reaffirming that “no one is above he law.”

The reason every American has been waiting to hear the Supreme Court’s Majority opinion on the issue of presidential immunity, is that the Majority on the Court has demonstrated in the recent past that it is willing to abandon the principle of predictability of the law and court rulings—stare decisis—and replace it with arbitrary notions from some sort of hand crafted pseudo-christian nationalist ideology (going by the name of conservatism). This has happened in the areas of gerrymandering, women’s rights, minority rights, voting rights, campaign finance and Congressional delegations of regulations to administrative agencies. One could argue, that the Majority on the Supreme Court has begun to act as through it is a legislative body. And, with a ruling that grants any immunity from prosecution to a president it would be acting as a non-elected government.

Other than being subject to impeachment, the justices in the Majority on the Supreme Court have absolutely no checks and balances on their decisions and behavior. Theoretically, we, the citizens can not do anything that would even begin to chastise them, However, theory be damned. If the Majority on the Supreme Court grants any immunity from prosecution to presidents, I for one will be communicating on a daily basis the message: “To the Justices in the Majority on granting immunity from prosecution to presidents, you are fired and no longer legitimate. Respectfully, T. Edward Westen, Citizen” I rather suspect if enough others do something similar, even the most die hard maga representatives in Congress may begin to get the idea their electoral success in the future is at stake over this issue.

Images are from yesterday evening.

Love, Ed