The Dred Scott Decision of Our Era

Kettering, Neal Katyal and Judge Luttig Analyze the Immunity Decision

In this challenging year, few things have lifted me more than being in the company of my fellow Senior Fellows (😀) of the Charles F. Kettering Foundation, each of us fighting for democracy in our own unique ways. Together, I must say, it’s a heck of a multi-partisan, pro-democracy team, and I’m honored to be included. (You can see the whole group HERE). I’ve already learned so much, while being continuously inspired.

Amid all that’s happened in the past week, I haven’t had the time to share all my thoughts on last week’s stunning (if also predictable) immunity decision. Although I’ll be sharing them soon.

But the Kettering Foundation has brought together the brilliant legal minds (and Fellows) of Neal Katyal, Judge J. Michael Luttig, and Kettering Foundation President and CEO Sharon Davies to give us their perspectives, so let me share those and include links to see and learn more.

Sharon Davies wrote a piece placing the ruling into the broader context of the Roberts Court: “the ruling dangerously elevates the president to a near-monarch—precisely what the Founders sought to prevent by building checks and balances into our system of governance. By undermining those safeguards, the majority paves the way for aspiring strongmen of the future to hold themselves above the rule of law and unaccountable to the public will….”

“In one case after the next, the Roberts Court has issued opinions that ignore the will of the people and weaken our democracy: Citizens United v. FEC, declaring corporations “people” with uncontrolled  power to use money to influence elections; Shelby County v. Holder, weakening the Voting Rights Act; and Dobbs v. Jackson, revoking the right of women to an abortion and giving states control over decisions best left to women and their doctors. This latest decision gives unheard of immunity to future executives and abdicates the court’s constitutional obligation to serve as a check on the actions of despotic leaders.”

To read the entire piece, go here.

At the same time, Neal Katyal and Judge J. Michael Luttig joined Kettering’s Brad Rourke for a truly insightful (if alarming) interview on the decision:

The key to the holding is that the president now enjoys immunity for so-called “official acts.“

As Neal Katyal explains: “All the president has to do is slap on the label ‘this is an official act.’”

And according to Judge Luttig: “This is an unequivocal clear holding by the Supreme Court of the United States of America that a president will be immune from prosecution for violating not only the Constitution, but any criminal statute.  As a practical  matter,  virtually every single thing the president does is and will be forever considered an official act for which he will be immune from prosecution.”

You can (and should when you have time) watch the whole interview here. It’s only 15 minutes, but contains hours of wisdom:

I’ll share more on how this ruling is doubly dangerous when you juxtapose it with Project 2025 in my next chapter of “2025.” (Saturday).