Finally, on the last day of the current session of the U.S. Supreme Court, the court issued its decision on whether Donald Trump had absolute immunity for his conduct at the end of his term. While there may be a legitimate basis on which to debate the merits of this decision, there is virtually no basis to debate the political nature of the decision.
Given that the decision was 6-3 with all conservativejustices joining, the political nature of the decision is undeniable based on the procedure and timing of the decision. Surely, although the court will offer no explanation, there existed the four votes needed for the court to accept the expedited appeal requested by the special counsel which the court denied in December 2023 — only to accept
the appeal by Trump several months later.
That delay, along with the delay in issuing this decision to the last day of this term, effectively eliminated any chance the charges brought by the special counsel involving Trump’s conduct on Jan. 6, 2021, will be decided by a jury before the November election. Trump’s political appointments to the court clearly have paid huge political dividends for him.
— Brad Owens
Anchorage
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