The excitement and anticipation was palpable in the Supreme Court Monday morning as the justices announced the remaining opinions and some of the most anticipated decisions of the term.
“I’m sorry this isn’t the case you’re waiting to hear, so I’ll try to keep it brief,” Justice Amy Coney Barrett quipped before handing down the first majority opinion of the day in a case in which it was about lawsuits over regulations.
In fact, most observers inside and outside the court disagreed about the scope and limits of presidential immunity.
In the audience was Michael Dreeben, a former attorney general who spoke for the government in the case. Mr. Dreeben was greeted by several people before the trial began, and as the justices discussed the immunity case, he took notes on a small pad and occasionally twirled his pen. But he showed little emotion as Chief Justice John G. Roberts Jr. took the majority opinion and effectively ruled against him, ruling that presidents enjoy some immunity from criminal prosecution.
Justice Brett M. Kavanaugh’s parents and Chief Justice Roberts’ wife, Jane Roberts, were also in attendance. Justice Neil M. Gorsuch was absent.
Chief Justice Roberts preempted possible criticism of the ruling by emphasizing that the decision “does not protect any particular president, but rather the presidency,” adding that presidential immunity does have limits.
“Saying it like that doesn’t make it so,” Justice Sonia Sotomayor retorted sharply from the bench at the start of her dissent, a rare moment that underscored her deep disagreement with the majority.
Justice Sotomayor, dissenting on behalf of the court’s other liberal members, showed a hint of exasperation in her long speech, adding seemingly sporadically: “Imagine that,” “Think about it,” and ” “Interesting, the story is important, right?” as she read from her written words. As she argued and rebutted the majority, she glanced several times at her colleagues to her immediate left, Justice Clarence Thomas and Chief Justice Roberts. They didn’t return her gaze.
“We are afraid for democracy,” she concluded.
The court then turned to lighter matters as the chief justice concluded the term and recognized the departing workers for their service.
“On behalf of my employees – colleagues” – he said, laughing falsely. “On behalf of my colleagues, I would like to thank the employees.”
At the sound of the buzzer and at the suggestion of a staff member, the audience then rose to its feet as the judges filed out, concluding the last official day of business until the new term in the fall.
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2024-07-02 02:23:26
www.nytimes.com