Harvard constitutional law professor Laurence Tribe expects the U.S. Supreme Court will likely overturn its own decision in Donald Trump’s case.
Legal analysts lined up to denounce the court’s decision Monday that gives Donald Trump immunity for actions taking in his official capacity as president. But in reading lawyer Robert B. Hubbell, Tribe quoted that the ruling is “destined to be remembered as a mark of shame for the Roberts Court just as Dred Scott tarnishes Chief Justice Taney’s legacy to this day.”
Hubbell, one of the top-rated Securities Litigation attorneys in Los Angeles, wrote that the constitutional theory is that all presidents were “subject to impeachment for actions immune from prosecution.”
“Trump is still liable for everything he did while he was in office,” Senate minority leader Mitch McConnell (R-KY) said on the Senate floor in 2021. “We have a criminal justice system in this country. We have civil litigation and former presidents are not immune from being held accountable by either one.”
Tribe recalled the McConnell quote and pointed out, “That didn’t wear well, it turns out.”
But he quoted Hubbell saying, with”Trump’s iron-fisted control over the skulk of cowards banded together under the GOP banner, impeachment is no constraint on a future Trump presidency.”
Neither legal expert believes that the decision will remain in place for generations the way most landmark cases stand.
“Trump v. United States will be overruled. The decision is so bad it will not stand,” wrote Hubbell. “Like Dred Scott (holding that enslaved people are not citizens entitled to judicial protections), Plessy v. Ferguson (upholding segregation), Koramatsu v US (upholding the Japanese internment camps), today’s decision will be overturned by the acclamation of history in due course.”
‘Decision will be overturned’: Law experts predict immunity ruling will not survive – Raw Story