I think Kagan summed up the concerns pretty well. I will also say that this probably suggests SCOTUS won’t hear the immunity case though. If the 14A can only be enforced by the federal courts or congress then the president can’t be immune to the federal courts as a matter of definition. I also won’t be shocked if she writes the opinion, either.
I think Kagan summed up the concerns pretty well. I will also say that this probably suggests SCOTUS won’t hear the immunity case though. If the 14A can only be enforced by the federal courts or congress then the president can’t be immune to the federal courts as a matter of definition. I also won’t be shocked if she writes the opinion, either.