Biden slams Supreme Court's Trump partial immunity ruling: "I dissent"
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President Biden at the White House last month. Photo: Kevin Dietsch/Getty Images
President Biden called the Supreme Court ruling on former President Trump's immunity claims in his federal Jan. 6 criminal case on Monday a "dangerous precedent."
Why it matters: The high court's 6-3 ruling that Trump had immunity from criminal prosecution for "official acts" taken while in the White House has major implications for presidential power.
What he's saying: Biden said in his Monday evening address that the Supreme Court's majority decision in the Trump case "almost certainly means that there are virtually no limits what the president can do."
- The ruling marks "a fundamentally new principle" and "a dangerous precedent, because the power of the office will no longer be constrained by the law, even including the Supreme Court of the United States, the only limits will be self imposed by the president alone," Biden said.
- Biden said it meant that "any president, including Donald Trump, will now be free to ignore the law," though he emphasized that he would continue to respect the limits of presidential power.
Between the lines: Democratic leaders have already been focusing their attention on birth control, IVF and Supreme Court ethics — all of which are seen as vulnerabilities for Republicans ahead of November's elections.
- Now, Democrats are moving to send a message in battleground states on what the Supreme Court ruling would mean for a second Trump term.
- Biden sought to underscore these talking points in his Monday evening remarks.
- "This decision today has continued the court's attack in recent years on a wide range of long established legal principles in our nation, from gutting voting rights and civil rights to taking away a woman's right to choose to today's decision that undermines the rule of law of this nation," he said.
Zoom in: Biden said as he blamed Trump for the Jan. 6, 2021, attack on the U.S. Capitol that the American people deserve to have an answer in the courts about what happened then, before they vote in the presidential election.
- "Because of today's decision, that is highly, highly unlikely. It's a terrible disservice to the people of this nation," he said, calling the Supreme Court ruling "one of the darkest days in the history" of the U.S.
- "So now the American people will have to do what the court should have been willing to do, but would not" and "render a judgment about Donald Trump's behavior," Biden said, adding that his predecessor would be "even more emboldened to do whatever he pleases."
- He concurred with Justice Sonia Sotomayor's dissent against the ruling that the majority decision means that "the President is now a king above law with fear for our democracy" and that the American people should dissent, too. "I dissent," Biden added.
The other side: Chief Justice John Roberts wrote in the majority opinion that a former president is entitled to "absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority."
- Trump in a Truth Social post Monday called the ruling a "big win for our constitution and democracy."
What we're watching: The justices sent the case back to a lower court to determine whether Trump's alleged conduct around the Capitol attack is protected — likely ensuring that the federal criminal case stemming from his actions around Jan. 6 won't go to trial before the 2024 election.
More from Axios:
- Scoop: Democrats' presidential immunity warning
- Democrats vow to get "aggressive" with SCOTUS after Trump ruling
- "The president is now a king": Key lines from Trump immunity ruling
- What's next for Trump's criminal cases after SCOTUS immunity ruling
Editor's note: This article has been updated with further comment from President Biden, comment from Chief Justice John Roberts and former President Trump, and further context.
