Season 4, Episode 28 (Show 185): Disgrace

July 10, 2024

The Court reaches a new low in Trump v. US, the presidential immunity case, as we explain.

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The Court’s opinion in the presidential immunity case Trump v. US, has sunk in.  On reflection it is even worse that on first impression, and that is saying something.  But just to condemn the opinion is not enough.  Professor Amar distills the Court’s argument to its essence and explains why it completely collapses under any kind of rigorous scrutiny.  Its abandonment of originalism and of the constitution’s own terms is laid bare. How could the Court go so astray?  We also take a stab at this, and speculate on various forms of rot that it may reveal.

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Show Notes: